07-09-2008, 02:22 PM
quote:
Originally posted by StillHope
I don't know if the above mentioned products are being sold in Hawaii.
Hope,not.
They can be sold on Hawaii and they can be sold in California. There are products with 2 or 3 times as much of the chemical and is perfectly legal for sale without any threat of government enforcement. The SDWTEA-1986 is a labeling requirement, not a control over the sale of these items. All the law requires is that if a product has any of the items listed on the list that it is labeled appropriately. Almost all life saving emergency medical drugs are on the list. The regulation does not pass judgement over the harm product posses, only that it be labeled. You can sell a product with 80% anthrax and it's not a violation of Prop65, but forget to mention a minute amount of caffeine or aspirin, and lawsuits will befall you. Outside of CA, Prop65 is viewed as a well intended regulations that amounts to butkus.
(Everyone in CA consumer protection knows that Prop65 is a consumer nothing regulation because there’s no restriction except a label. But it generates big money to the state in taxes from the sale of items to conform with Prop65’s requirements and from the fines to companies who mistakenly sell a product without the right label.)
[
]