Prop 65 Gets New Legs

Prop 65 list of hazardous ingredients or chemicals is updated at least once a year and includes about 900 chemicals.

Take a walk through almost every building here in California and you’ll see a sign that warns about Proposition 65 cancer and toxic warnings. For most people, it is invisible and not many pay attention or even read the warnings.

Amendments to Prop 65 that were issued in 2016 took effect on Aug. 30, 2018, with changes involving the “clear and reasonable ” warning requirement for labels and signs that may be required to bring a business into compliance.

Adopted by voters with a 2-to-1 margin in 1986, Prop 65 or the Safe Drinking Water and Toxic Enforcement Act as now amended requires the disclosure of the type of chemical and exposure on covered products. Notices must disclose whether the warning is about the risk of cancer, reproductive toxins, or both.

Food Industry Counsel Shawn Stevens said so-called “60-day” notices were filed against 308 food companies so far in 2019, compared to 330 during all of 2018.

In 2019, Starbucks was ordered by a Los Angeles judge to put a Prop 65 cancer warning on the coffee it sells in California. Roasting coffee — and burning toast — produces cancer-causing acrylamide.  About 90 other companies including McDonald’s and Dunkin’ Donuts selling coffee in California fell under the same ruling.

Prop 65 list of hazardous ingredients or chemicals is updated at least once a year and includes about 900 chemicals.