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This Story Contains A Warning That Might Cause Alarm 鈥 Or Apathy

For more than a decade, Raymond Ho has answered calls for California鈥檚 poison emergency hotline.

One that sticks out came from a panicked mom who feared that she and her child had just eaten a chemical that would give them cancer.

Was it arsenic? Mercury? Asbestos?

Hardly. It was 鈥渁 very common seaweed snack,鈥 said Ho, director of the California Poison Control System鈥檚 San Francisco Division.

The package had a warning in small print that the mother spotted just after snack time. It said the product could expose them to heavy metals known to cause cancer.

Welcome to the world of Proposition 65 warnings, which inspire terror, apathy or confusion among Californians.

Under Proposition 65, California has designated more than as toxic, ranging from the seemingly benign aloe vera to the deadly chemical benzene. An unknowable number of products, grocery stores, medical offices, apartment buildings and parking garages that may expose consumers to specific amounts of the substances that they are 鈥渒nown to the state of California to cause cancer, birth defects or other reproductive harm.鈥

Now the state鈥檚 expert panel plans to weigh whether to add acetaminophen, an active ingredient in over-the-counter drugs like Tylenol, Midol and DayQuil, to the list.

The discussion about including the in the U.S. has once again raised questions about the value of Proposition 65 warnings to consumers. Environmental advocates say the law has compelled companies to quietly make their products and emissions less toxic. But some economists who are critical of government regulation argue the law has gone too far, plastering the state with warnings so ubiquitous that they鈥檝e become meaningless to most consumers.

鈥淐alifornia overreaches on their warnings,鈥 said Roslyn Chaplin, 42. She was shopping in the snack aisle of a Los Angeles Whole Foods store recently, examining a package of certified organic seaweed with a Proposition 65 warning on it. 鈥淚 tend to ignore them because there鈥檚 not much I can do about it.鈥

California鈥檚 Safe Drinking Water and Toxic Enforcement Act of 1986, adopted via Proposition 65, requires businesses with 10 or more employees to warn consumers if using their products may expose them to specific levels of state-identified toxic chemicals.

In addition to food labels, Proposition 65 warnings are posted in buildings where companies or landlords believe employees or residents may be exposed to things like in construction materials, or car exhaust or pesticides. Some managers and landlords post signs to prevent lawsuits, without verifying chemical exposure.

These warnings attracted nationwide ridicule last year when a judge ruled that cafes needed to warn customers about a , which occurs naturally during the roasting process. Three months later, the state office that implements Proposition 65 proposed a new regulation . It went into effect in October.

No other states have laws that match the sweep of Proposition 65, especially relating to carcinogens, said Doug Farquhar, a spokesman for the National Conference of State Legislatures. Other states require warning labels in limited circumstances, such as Connecticut鈥檚 law mandating warnings for products that can expose children to lead.

already includes several common drugs, including certain prescription antibiotics and birth control pills. But Proposition 65 warnings appear only on over-the-counter medicines.

Acetaminophen, a compound that reduces fever and relieves pain, is an active ingredient in more than 600 over-the-counter and prescription drugs, said Barbara Kochanowski, a senior vice president at the Consumer Healthcare Products Association, a trade group for the over-the-counter drug industry. Acetaminophen has been available .

The , an independent panel that advises the state Office of Environmental Health Hazard Assessment, was scheduled to hold on Dec. 5 to determine whether evidence shows acetaminophen causes cancer. Instead, it will consider the question in the spring, Sam Delson, spokesman for the state health hazard office, said Thursday.

The postponement will "provide more time and opportunities for public comment and review by the panel members," he said.

If the panel ultimately decides to add acetaminophen to the list, companies will have 12 months to reformulate their products or use warning labels if exposure poses a health risk.

The possibility of listing acetaminophen has generated a flurry of opposition letters from the pharmaceutical industry, patient advocates and medical groups, as well as the U.S. Food and Drug Administration. Almost all warn that labeling these common medicines could push patients toward riskier painkillers like opioids.

Listing the drug 鈥渃ould prevent consumers from treating their aches and pains,鈥 or it could lead them to try 鈥渟omething stronger and unnecessary,鈥 said state Assemblyman Jim Wood (D-Healdsburg) via email. Wood co-signed with two other legislators.

Dr. Janet Woodcock, director of the FDA鈥檚 Center for Drug Evaluation and Research, wrote that evidence does not support a link between acetaminophen and cancer. Therefore, a Proposition 65 warning 鈥溾 and be preempted by federal law.

But the state panel doesn鈥檛 need to take potential conflicts with the FDA into account, Delson said. If acetaminophen ends up on the toxics list, the office may issue a separate regulation to address the labeling.

Proposition 65鈥檚 achievements are likely unknown to most consumers because companies want it that way, Delson said.

鈥淢ost companies won鈥檛 put out a press release saying, 鈥楪ee, our product was dangerous, and now it鈥檚 not so dangerous,鈥欌 Delson said. 鈥淭hey鈥檒l just quietly remove [the chemical] so they don鈥檛 have to provide a warning.鈥

Robert Golden has lived in California for 12 years and has seen Proposition 65 warnings in apartment buildings and museums. The labels put him 鈥渙n alert,鈥 he says. (Anna Almendrala/KHN)
Dennis Svatunek, originally from Austria, has lived in California for 14 months. He noticed Proposition 65 labels on some plants he bought but feels the warnings are so ubiquitous that they have become meaningless. (Anna Almendrala/KHN)

Clifford Rechtschaffen cites the , an element for which there is , from products, workplaces and the air. Rechtschaffen, a commissioner on the California Public Utilities Commission, used to work on Proposition 65 litigation as a deputy attorney general.

And despite occasional panicked phone calls to the poison control hotline, Ho thinks Proposition 65 has been a net benefit for consumers.

鈥淚 want to know what this product has so I can make an informed decision to decide whether I want to eat it,鈥 he said.

But critics of the law say requiring so many warning labels has bred apathy about disease risk, without influencing consumer purchasing habits or decreasing cancer rates.

鈥淚t is a largely useless, ineffective, un-impactful form of warning and disclosure,鈥 said Omri Ben-Shahar, a law professor at the University of Chicago. 鈥淚t鈥檚 just another box of fine print that people are, by now, numb to seeing.鈥

Michael Marlow, an economics professor at Cal Poly-San Luis Obispo, said there鈥檚 no evidence that three decades of Proposition 65 have lowered cancer incidence or raised health literacy. (Marlow has accepted grants from the American Beverage Association and the American Chemistry Council in the past.)

But the law has lined the pockets of lawyers who have made a sport out of suing companies and landlords to enforce the law, Marlow said. From 2000 to 2018, companies have in Proposition 65 settlements 鈥 68% of which went to attorney fees and costs.

鈥淲hat has it done other than bring a lot of lawsuits and fund some bounty hunter lawyers?鈥 Marlow said.

On a recent visit to the Whole Foods on Third Street at Fairfax in Los Angeles, Robert Golden said he hasn鈥檛 noticed the warning labels on food, but has seen them in apartment lobbies and museums. They have put him 鈥渙n alert鈥 and he appreciates them, he said.

"They don't put those things out there unless they鈥檝e got some, I would say, documented proof that there's been a problem in the past,鈥 said Golden, 66.

But other shoppers simply ignore them.

Dennis Svatunek, a chemist from Austria who has lived in California for 14 months, said he noticed warnings on some plants he bought but doesn鈥檛 put much stock in the Proposition 65 signs.

鈥淚t鈥檚 basically everywhere,鈥 he said. 鈥淭herefore, it kind of means nothing.鈥

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