Litigation

DRI Product Liability Conference: Clarification on Europe's Influence on California

By Bruce Nye

    CalBizLit blogged on one of the early sessions at DRI, quoting Sidley Austin's Chris Bell that "California, in addition to Proposition 65, has been 'bringing the EU to the state.  If it can?t be marketed in Europe, it can?t be marketed in California.'"

    Well, I live and practice in California, and bow to no one in my awe for California's ability to enact idiotic laws and regulations, but this one sure was news to me.  So Chris and I exchanged some e-mails on the subject, and we seem to agree that actually, California has done no such thing.  California requires most video monitors, televisions and other video displays to be EU RoHS compliant.  But there is nothing here approaching Europe's near-universal regulation of electronic devices.

    The rather arcane, applicable statutes are Health and Safety Code sections 25214.9-25214.10, Public Resources Code section 42463 and the corresponding regulation. 

    On the other hand, the much, much broader EU RoHS directive is here.

Full post as published by CalBizLit on April 16, 2009 (boomark / email).