Proposition 65

As You Sow prosecuted California's auto paint makers for violation of Proposition 65, which requires warnings on products with toxic ingredients. The manufacturers have agreed to pay $1.2 million, keep lead and other toxic metals out of new paints, and place safety warnings on existing paint products sold to auto repair and remodeling shops. As You Sow has sued the Du Pont Company, PPG Industries, BASF, Akzo Nobel and 27 other paint companies in several countries for alleged violations of Prop 65. As You Sow will divide the settlements with the state and several environmental groups. "We believe that by forcing manufacturers to reformulate for the California market, the incentives will be there to take heavy metals out of products nationwide," said Tom Van Dyck, president of As You Sow.

The attorney general's office and As You Sow both prosecuted Sherwin-Williams, the largest producer of spray paint in California, as well as 38 other companies for violation of Prop 65 by failing to provide a clear warning label on the products that contain toluene, a chemical known to cause cancer. Sherwin-Williams has agreed to pay a $1 million penalty under Prop 65 as settlement. Other companies in violation include Ace Hardware, DAP Products, and ITW-Devcon.

Prop 65, passed in 1986, requires warnings on household products if they expose the public to even minute amounts of chemicals linked to cancer or birth defects. But now the effectiveness of Proposition 65 and the science that underlies it are being challenged. Many legal and scientific experts argue that over the years the law has caused certain hazards to be exaggerated and the public has been misled. link to site.