California Residents: Tell Your Legislators to Amend Prop 65!

California’s Proposition 65 was intended to protect consumers via warning labels from chemicals that might cause cancer, birth defects, or reproductive harm. It has instead become a money-making industry for a handful of organizations that claim to act in the public interest but instead line their pockets with millions of dollars in settlement funds and attorney fees.

In order to avoid predatory and frivolous lawsuits, businesses have put warning labels on nearly everything, regardless of truly harmful effects. The warnings have become so pervasive and vague that consumers pay them little heed; indeed, there is no statistical evidence of health benefits from Proposition 65.

The time has come to stop the opportunistic lawyers and phony “public interest” groups who file lawsuit after lawsuit and garner millions of dollars for personal gain. Please urge your state legislators to amend Prop 65 and provide meaningful protections to consumers, rather than hand over settlement money to opportunistic trial lawyers.

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Please Amend Proposition 65!

Dear [Decision Maker],

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I know that the passage of the Safe Drinking Water and Toxic Enforcement Act of 1986, generally referred to as Prop 65, stemmed from a growing concern that many chemicals may cause cancer, birth defects, or other reproductive harm. Properly drafted, this act might have done some good. Like most Californians, I believe in the right to informed choice when knowing what's in my food or environment.

Prop 65, however, is a case study in unintended consequences. What was meant to be a public health initiative to inform consumers of potential hazards has been rendered meaningless by an industry of trial lawyers claiming to act in the public interest while they use the law to line their own pockets. Civil penalties are being deferred to private organizations, to the detriment of state coffers -- which means the public ultimately bears the cost of Prop 65.

These lawsuits have also rendered the benefits of Prop 65 labels almost entirely moot. In order to avoid predatory and frivolous lawsuits, businesses have put warning labels on nearly everything, regardless of truly harmful effects. The warnings have become so pervasive and vague that consumers pay them little heed; indeed, there is no statistical evidence of health benefits from Proposition 65.

Almost thirty years have passed since the establishment of Prop 65, and many citizens question whether any benefits have been achieved. The time has come to stop the opportunistic lawyers and phony "public interest" groups who file lawsuit after lawsuit and garner millions of dollars for personal gain. Penalties for violating Prop 65 should go to the state to further the intent of the law. In order to stem the tide of exploitation and secure true enforcement via litigation, action must be taken to reform Prop 65.

People need to be protected from carcinogens and chemicals that could cause reproductive harm or birth defects, but they must be able to realistically evaluate the level of risk present in a given product or situation. Accordingly, I call on you to address the shortcomings of the current law. Revamp the warning system to provide meaningful information, and adjust "safe harbor" levels upwards so innocuous products are not considered dangerous. Adjust attorney reimbursement fees to reasonable amounts and eliminate the bounty hunter incentive. And increase judicial scrutiny of settlements for more equitable distribution of payments to the state.

Prop 65's thirtieth anniversary is approaching. Please amend the law now and make it the useful environmental tool it was meant to be.

Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]