How California’s legal-business climate is different

by Walter Olson on September 8, 2010

Bruce Nye (Cal Biz Lit) and Michael Pappas (at Law.com Corporate Counsel) count the ways: “Why do I have to tell everyone that my grilled chicken, which is made the same way as my grandmother used to make it, may cause cancer?” (The answer being California-specific Proposition 65.)

{ 6 comments }

1 Allan 09.08.10 at 12:41 pm

Mr. Pappas’ argument in a nutshell is: “Don’t be suprised that you are not allowed to screw consumers in California.”

Take his argument on the non-competition clause. These clauses are inherently unfair to all but the most sophisticated employees. What reason could Best Buy have for making its employees subject to a non-compete clause prohibiting them from going to Target?

And why should any company have the right to tell its employee that he/she cannot work for another company? At the very least, the company should be required to compensate the employee at his/her last year’s salary if it is going to enforce a non-compete clause.

I agree that the requirement to notify consumers of potentially cancerous chemicals can be overbearing. On the other hand, if I am a consumer, I want to know the risks. Once they are known, I can make an educated choice.

I am not crying over this one.

2 mojo 09.08.10 at 3:32 pm

In case you’d like to peruse the current list of chemicals covered:

http://proposition65.doj.ca.gov/

You can also search by plaintiff. This can be amusing.

3 mojo 09.08.10 at 3:42 pm

PS: Zinc Oxide? Seriously?

4 Tom T. 09.08.10 at 3:57 pm

He may have a point about overbreadth, but the fact that it’s his grandmother’s recipe hardly seems relevant. My grandmother died of cancer, after all.

5 Bumper 09.08.10 at 4:36 pm

Tom T.

Was your mother’s cancer caused by eating grilled chicken?

My dad died of cancer as did his mother and to the best of my knowledge she never served grilled chicken nor did he eat it.

Did you have a point you wished to make?

In my youth I had occasion to pull several people from the chlorinated depths of the city swimming pool. This was necessitated by their having consumed too much water. Never did it cross any of the town father’s minds to outlaw water. What a failing of government.

6 Doug 09.08.10 at 7:21 pm

Asinine. Truly asinine. The over warning is having the opposite effect. We are ignoring more and more of these warning. This leads to more and more stringent regulation to protect us. After all, our nannies know what’s best for us.

Comments on this entry are closed.