California's Prop 65 Must List Chemicals Known to Harm Workers

The court held that California has an annual legal duty to update the Proposition 65 list with carcinogens and reproductive toxins identified under worker protection standards.

The court ruled in favor of labor and environmental groups, including the Natural Resources Defense Council, United Steelworkers and Sierra Club that fought the case against the California Chamber of Commerce.

A popular lawn and garden chemical that could be listed under Proposition 65 (Photo credit unknown)

Under Proposition 65, California annually publishes a list of chemicals that warns consumers of harmful substances and prohibits the discharges of listed chemicals into drinking water sources.

For years, California has failed to include a number of carcinogens and reproductive toxins on the list that were already the subject of workplace warning requirements.

The groups sued the state in 2007 over its failure to keep the Proposition 65 list current in light of new science and revised workplace protections. The court's ruling rejected an argument made by the California Chamber of Commerce in a consolidated lawsuit.

"Californians have a right to know whether household products like frying pans and food packaging are putting our families and workers at risk," said Bill Magavern, director of Sierra Club California. "That's why the voters passed Proposition 65, and the state needs to fully enforce the law."

The list of chemicals California must now add to the Proposition 65 list is still in dispute, but more than 90 additional chemicals identified in workplace safety standards are at issue, says Wall.

Chemicals that are likely to be listed as a result of this ruling include styrene, a principal ingredient in various plastic and foam products, gasoline additives such as tert-amyl methyl ether, and carbaryl, a common lawn and garden pesticide.

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