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Failure to Strictly Comply With Prop. 65 Notice Is Not Fatal

Div. One of the Fourth District Court of Appeal has held, in a case of first impression, that the failure to strictly comply with a regulation setting forth the steps that a private party must take before filing legal action under Proposition 65, a statute that was adopted to protect the public from unwilling exposure to toxic chemicals and which gives prosecutorial agencies a first-right-of-refusal regarding enforcement, is not fatal to the litigation.

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