Recently, a California court provided clarification of the Prop 65 law that may prove to be helpful in providing guidance on the critical issue of exposure testing (Beech-Nut case). In this case, the defendant successfully defended themselves by using:
- Averaged various test results on a product-by-product basis, in order to measure the average amount of lead in each product. The court endorsed this averaging approach as the most accurate method to determine the exposure level for a typical consumer.
- Used government-published data on food consumption to determine the amount and frequency with which each product is consumed in a given two-week period. The court agreed that, because the products are typically not consumed on a daily basis, consideration of these factors was appropriate.
The full court decision is available members’ EHS area of the NAPIM website