Proposition 65, California’s law requiring labels on products and areas containing chemicals “known to the state of California to cause cancer or reproductive harm” has evolved into a tool for trial lawyers to earn millions at the expense of small businesses. Proving a business’ innocence in court is often more expensive and time-consuming than simply paying lawyers to settle their claims. Though evidence suggests the law has had very little impact on Californian’s health, the ease of filing Proposition 65 lawsuits has allowed trial lawyers to earn over $150 million in fees since 2000. We’ve put together a fact sheet showing...

In November 1986, California voters passed a ballot initiative, “The Safe Drinking Water and Toxic Enforcement Act of 1986,” known colloquially as “Proposition 65.” In part, the initiative requires businesses operating in California to warn customers of possible exposure to chemicals known to the state of California to cause cancer or reproductive harm. To determine when a business must post a sign or label a product, the law requires California’s Office of Environmental Health Hazard Assessment (OEHHA) to maintain a list of chemicals that it finds cause either cancer or reproductive harm. While the law was passed with the intention of improving public health, the regulations and litigation stemming...