As the cannabis industry and its associated sectors have gained increasing social and legal acceptance, these companies have begun to face a problem that has been affecting traditional consumer packaged goods companies in the state of California. for decades: affirmations of Proposition 65.
Proposition 65 is a California initiative passed by voters in 1986 and enacted as the Drinking Water and Toxic Water Enforcement Act. The law requires California to publish a list of substances that the state of California knows cause cancer or reproductive harm. The law prohibits “knowingly and intentionally” causing exposure to one of the substances on the list without first providing a “clear and reasonable” notice. To comply with Proposition 65, companies must provide consumers with a notice that complies with Proposition 65 unless they can ensure that their product does not expose consumers to a listed substance at levels that could cause cancer or reproductive harm.
There are currently more than 950 substances on the list in Proposition 65. Most relevant to the cannabis industry, California has listed cannabis / marijuana smoke as carcinogenic and toxic to reproduction, and delta-9- tetrahydrocannabinol (THC) as toxic to reproduction.
For the past ten years, Proponents 65 plaintiffs have turned their gaze to the cannabis industry, issuing more than 200 notices of infringement for a variety of chemicals in products, from smoky marijuana flowers to oil. from CBD and steam pens to hemp-based personal care products. Although there were peaks in the number of warnings issued in 2014 and 2017, since 2018 there has been a slow increase in claims related to cannabis products.
While most warnings are directed at some obvious Proposition 65 substances (e.g., marijuana smoke and THC), there are also warnings alleging that cannabis products expose consumers to substances such as beta- myrcene, lead, carbaryl, carbon monoxide, soot and tar. , and mineral oils.
Takeaway food
- As cannabis products become more commonplace, companies will face a growing number of claims from plaintiffs.
- Cannabis products can cause exposure to substances on the Proposition 65 list beyond obvious substances such as cannabis smoke or THC.
- Businesses need to ensure that their compliance programs and policies address the issues of Proposition 65.
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