Los Angeles Times

California law is famously tough on chemicals. Does it go too far?

Vermont Soap's feel-good natural products came with everything a California consumer had come to expect: an organic certification, a Non-GMO seal of approval, a "cruelty free" bunny silhouette. And a warning that it harbored a "chemical known to the state of California to cause cancer, birth defects or reproductive harm."

Confused? So was Larry Plesent, who founded his soap company in presidential candidate Bernie Sanders' liberal home state on the notion of replacing "yucky" chemicals with "yummy" natural ones.

That was exactly what Proposition 65's architects had in mind when they convinced California voters to approve the ballot initiative in 1986 - to coerce companies into replacing toxic chemicals with safe ones rather than bear the burden of a Scarlet Letter stamped on their products.

More than three decades later, Plesent and many other manufacturers find themselves at odds with a lawsuit mill that has grown around Proposition 65, which gave citizens the right to prosecute companies through the same county courts that handle divorces and fender-benders.

"I think the original intent was very positive," Plesent said. "But political forces became involved to make Proposition 65 overwhelming, overreaching, overdone and overblown."

In Plesent's case, he feared he could be sued over those same "yummy" natural replacements. One of them, a compound found in carrots, hops, lemongrass and cannabis, had been linked to cancerous renal tumors in male rats that were force-fed large quantities of it, five days a week, for up to two years. That earned it a place on the Proposition 65 list in 2015, over objections from the makers of sustainable products and carrot growers.

Plesent made a strictly business decision: "We do not wish to fight against California." He added a warning.

Plesent is not alone. Companies in every sector of the consumer economy now routinely attach warnings for any of the more than 900 chemicals and elements covered by Proposition 65, without testing for them or attempting to reformulate products. They fear citizen-enforcer lawsuits more than they fear freaking out customers.

That profusion of warnings has subverted Proposition 65 and left Californians, and increasingly anyone who shops online, over-warned, under-informed and potentially unprotected, a Times investigation has found. And it has funneled hundreds of millions of dollars to a handful of attorneys and their repeat clients.

Proposition 65 warnings now greet guests at Disneyland, drivers at California parking garages, visitors at hotels, shoppers at car dealerships and lunchgoers in fast-food lines.

Where Proposition 65 prosecutions once targeted notoriously hazardous toxins such as mercury found in in hemorrhoid suppositories and lead in spiced Mexican candies, they now claim that cancer, birth defects or reproductive harm might arise from dalliances with bondage tape or from opening a Bible; from grasping

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