Proposition 65 is often criticized because it relies on citizen enforcement rather than government enforcement.
The law allows anyone to bring forward a case if a listed chemical is found in a product. However, a substance can be way below the amount required for labeling and a case can still be filed. This causes businesses to spend tons of money in court to prove they are within regulation and defendants usually end up settling to avoid further expenses.
In 2008, there was a total of $14.6 million in attorney fees and only $4.6 million in civil penalties as a result of Proposition 65.
As a result, more and more products have warnings on them, and consumers don’t know what is actually harmful and what isn’t.
There is also another big flaw in Proposition 65. Since new scientific studies are always being done, the harmful chemical list is continuously growing and changing.