California lawyers, to your battle stations! Now that the World Health Organization has labeled meat (especially preserved/processed meat) as a substance likely to cause cancer, it could be headed for California’s list of probably carcinogenic things that you can be sued for exposing consumers to without posting warning labels or signs. (The Prop 65 regulations formerly covered only “chemicals,” but were lately enlarged to cover “substances” as well.) In this particular case — as in the case of pharmaceuticals — principles of federal pre-emption may shield retailers and manufacturers from liability, because the federal government closely regulates what can be said on packages of meat for human consumption. But what about restaurants and delis? Prop 65 lawsuits in the past have been aimed at sellers of grilled chicken, roasted coffee, and french fries. [Cal Biz Lit]
4 Comments
I never understood why all loaves of bread sold in CA were not labeled, because baking bread creates acrylamides, which are recognized as carcinogenic (acrylamides are the issue in French fries). For that matter, all people contain substances known to the state of CA to cause cancer, because we all contain radioactive materials. So, maybe mother’s milk should also be labeled. Or maybe breast-feeding mothers should be arrested for harming infants.
This is how you can lose all perspective on the subject, when you say that any exposure is harmful.
So many substances are naturally carcinogenic that the State of California needs to post Prop 65 signs on each and every road that crosses the state line. For that matter, post signs in all hospital and clinic delivery rooms so newborn babies receive due warning.
Prop 65 benefitted only makers of signs, nobody else.
Actually, the state of California lists Estrogen, Testosterone, and Progesterone among the chemicals and compounds for which prop 65 warnings are appropriate – so slap a warning on the newborn as it comes out, as well as warnings on every human in the building. Prop 65 list 2015
Indeed, Prop 65 chemicals are so omni-present that (in my experience) companies selling goods in CA slap a prop 65 warning on everything in an abundance of caution, but don’t actually identify the chemicals involved – so the warning becomes essentially meaningless and disregarded by consumers everywhere.
“Prop 65 benefitted only makers of signs, nobody else.”
Not true, Lawyers have also benefited.