Proposition 65 was passed in 1986 and regulates substances officially listed by California as having a 1 in 100,000 chance of causing cancer over a 70-year period or birth defects or other reproductive harm. It prohibits businesses from knowingly exposing individuals to listed substances without providing a clear and reasonable warning.
Prop 65 is a misguided attempt to keep Californians healthy, safe, and away from dangerous chemicals. It is massively flawed, ill-informed, and unrelentingly exploited by profit-seeking lawyers. Hundreds of respectable, law-abiding manufacturers have been harmed by these lawsuits, with little or no benefit to the people Prop 65 is supposed to protect.
How does Prop. 65 affect the pleasure products industry?
Other industries have struggled to comply with the rigorous labeling requirements, or pay hefty fines. Now the regulatory gaze has finally shifted to the pleasure products industry and companies are now faced with the daunting task of labeling their products as hazardous.
You’ll find this warning on food products, airplanes, in coffee shops, restaurants, and if you look close enough, just about everywhere in California. Because so many businesses and products fall under the requirements, there is no real way for consumers to know what the actual danger is.
The law is complicated, and incredibly hard to change. For now, the best course of action is
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