Constitutional Law,
Torts/Personal Injury
Nov. 27, 2023
Balancing free speech with a right to know about possible carcinogens
If we value free speech, we must agree that businesses should not be unjustifiably compelled to issue messages to their consumers that they disagree with. On the other hand, consumers must have a right to be informed about potentially harmful ingredients in products and we cannot ignore the risks associated with a “wait and see” approach when it comes to the potential for an ingredient in a product to cause cancer.
Since 1986, California’s Proposition 65 has required the Governor to publish a list of chemicals known to the state to cause cancer or other reproductive harm. This list, which is updated once a year, currently contains approximately 900 chemicals.
Once a chemical is listed, Proposition 65 further requires businesses to provide “clear and reasonable warning” to Californians about significant exposures to such chemicals. Failure to do so ca...
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