The Real Cost of Proposition 65

Print this Article | Send to Colleague

Proposition 65, California’s law that requires labels on products containing chemicals that may cause cancer or reproductive harm, has been a boon to some trial attorneys, but has had a questionable effect on public health.  There are 847 chemicals on the Proposition 65 list, which is managed by the California Office of Environmental Health Hazard Assessment. Warnings are required if a listed substance in a product has just a one in 100,000 chance of causing cancer over 70 years.  

As indicated by a recent report by the Center for Accountable Science, the impact of "bounty hunter" lawsuits has been substantial.  Since 2000, businesses have paid over $228 million in Proposition 65 settlements, of which $150 million was used to pay attorney’s fees.  In 2014, businesses paid over $29 million in settlements, and of that 71 percent went to attorney’s fees and 29 percent to civil penalties.

CLFP and other organizations have been calling for reform of Proposition 65 for a number of years, but the trial attorneys and consumer rights groups have been successful in blocking those efforts. Until this issue is resolved, the public will continue to get warnings about products with very low levels of risk, and the trial attorneys will continue to file dubious lawsuits in the name of protecting consumers.

by Rob Neenan, CLFP President & CEO

 

Back to In the View Homepage