Prop. 37 will trigger flood of lawsuits, law firms warn
This false claim is exposed in one of several "Client Alerts" on Morrison & Foerster's Prop. 37 webpage designed to warn clients about Prop. 37. "Accordingly, in order to take advantage of this exemption, the defendant would first have to submit to discovery on the question of knowledge and intent. In the context of Proposition 65, this is how plaintiffs' attorneys have made their livings; the threat of expensive and time-consuming discovery—depositions, interrogatories, document production, and more—drive settlements that do little more than enrich bounty-hunting lawyers. Only if the defendant could get past this hurdle would the sworn statement come into play as an additional burden that must be met in order to establish the defense."
On its website, law firm Downey Brand makes clear that the sworn statements will hit everyone on the food production chain. "This sworn statement exemption will set in motion a series of certifications and indemnity agreements that will stretch from the grocery stores all the way back down the chain of production to the nursery or seed company, and will require a sworn statement from the farmer, the trucker, the packer, the processor, the wholesaler/distributor, and finally the retailer. While this Proposition is directed at the retailer, this exemption will mean that everyone in the food supply chain will be responsible for compliance."
Nearly every single daily newspaper across California has urged voters to reject Prop. 37 on November 6, including the Los Angeles Times, San Francisco Chronicle, U-T San Diego, San Jose Mercury News, La Opinion and Sacramento Bee. Many papers warn that Prop. 37 will be a boon to trial lawyers without benefits to consumers. Said the Santa Cruz Sentinel: "And who would this benefit? Lawyers."