Bounty hunters in recent lawsuits are seeking to expand dramatically the scope of Proposition 65. One private enforcer has now filed over twenty separate actions against manufacturers who produce and sell body building products containing DHEA and andro. Neither substance is on the Proposition 65 list. Nevertheless, the complaint contains the allegation that DHEA and andro cause the body to produce testosterone (a listed chemical) and the natural production of testosterone constitutes an exposure.
In a separate action, another private enforcer has sued producers and sellers of chlorine bleach products. The allegation is that when those products are used in water, chloroform and bromodichloromethane are formed, exposing employees and consumers to listed chemicals.
The impact of these actions is the same as adding DHEA, andro and bleach to the Proposition 65 list despite the fact that no determination has been made that these substances cause cancer or reproductive toxicity. Moreover, these actions, if successful, would push the boundaries of compliance for business into unknown territory, potentially rendering Proposition 65 unconstitutionally vague and eviscerating many of the statutory and regulatory exceptions to the warning requirements.
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