The Impact of California Prop 65 on Ecommerce

Let's see if the Law of Unintended Consequences is going to kick in here.

California cancer and birth-defect warning requirements that took effect in August 2018 have stopped at least some online merchants from selling products to state residents.

Although the new requirements place primary responsibility for providing warnings on product manufacturers, retail businesses (including ecommerce retailers without physical locations in California) cannot knowingly sell products to California residents that expose them to chemicals that could cause cancer, birth defects, or other reproductive harm — without providing clear and reasonable warnings.

According to the article, due to the complexities and trapdoors related to Prop 65, merchants and producers would slap on a sticker just to cover their asses.  Now they must SHOW what the cancer-causing chemical is.

Looking on line I find there are companies formed whose sole purpose is to assist companies in finding their way through the minefield put in place by Prop 65.

This is a great youtube video by a company that represents businesses that have been slapped with a non-compliance to prop 65.

To sum up some of the salient points:

1) Jerry Brown realized there were problems with the prevailing law and wanted to reform it.  But even he could not reform it.

2) The lawyer being interviewed called it a "cottage industry" for lawyers when he first got involved.  He came to realize it was a MANSION industry.

3) The "safe harbor"  wording is pretty much worthless.  "Safe harbor" is putting the yellow triangle and the word WARNING in bold black.  You must specify the hazard due to cancer OR reproductive harm or both if that is the case. And you must specify the chemical(s).

4) The vast majority are settled out of court. To take it to court will cost you $millions to $10s of millions.

5) And here's the worst: You decide not to sell to California and you are safe right?  WRONG! If your product ends up in California for sale and is tested and your product is not in compliance, YOU WILL BE SERVED.

Yet again, California effs the rest of the country with their idiocy.  As usual, government says they are here to help us, the exact opposite happens.

Yeah, the argument is not about a stupid label.  The consequences are far reaching.