THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986

In 1986 California voters enacted a ballot initiative called Proposition 65 that sought to warn California residents and consumers of the possible ill effects of toxic chemicals known to the State to cause cancer or reproductive toxicity. This measure required, among numerous other provisions, that products and business locations containing these chemicals provide a warning to the public. Twenty-eight years later, it is worthwhile to review this initiative to determine how effectively it has protected consumers and whether or not it is a worthwhile approach for other government entities to emulate. Californians are very aware of the effects of Proposition 65, for the required warnings are exceedingly common. Proposition 65 has been a very expensive and largely ineffective means of achieving its goal of protecting the public from toxic chemicals known to cause cancer or reproductive toxicity. California voters, with the best of intentions, passed Proposition 65 and set into motion a cottage industry that has generated millions of dollars in attorney fees for private law firms. It has resulted in little, if any, benefit to the citizens of California. Asia and other parts of the world would do well to consider the advisability of adopting similar legislation with so little benefit to the public.