AbuseA vague Prop 65 warning sign at Disneyland Resort.Some businesses in the state post similar notices on their premises, even when they have not evaluated the actual level of risk from a listed chemical they know is present.[22] Warning signs are often posted at gas stations,[23] hardware suppliers,[24] grocery stores, drug stores, medical facilities, and many other businesses.[25][26] Government agencies,[27] parking garages, hotels,[26] apartment complexes,[28] retail stores,[29] banks, and restaurants[30] also post warning signs because of the possibility of hazardous chemicals being present in everyday items or the nearby environment. Some large businesses, such as utility companies, mail a Prop 65 notice to all customers each year to warn them of dangerous substances like natural gas[31] or the sand used in sandblasting.[32]There is no penalty for posting an unnecessary warning sign.[33] Because of the overuse of the vague warning, the ubiquitous signs ultimately communicate very little information to the end user.[23][34] This problem has been recognized by California courts,[35][36] advocates,[23][37] and businesses.[26]Political controversy over the law, including industry attempts to have it preempted by federal law, have died down, although preemption bills continue to be introduced in the U.S. Congress, most recently H.R. 6022 [38] (introduced June 6, 2018). However, enforcement actions remain controversial. Most of the Proposition 65 complaints are filed on behalf of straw man plaintiffs by private attorneys, some of whose businesses are built entirely on filing Proposition 65 lawsuits.[35][39][40]Proposition 65 has also been criticized because the majority of settlement money collected from businesses has been used to pay plaintiffs' attorney fees.[41] Businesses paid over $14.58 million in attorney fees and costs in 2012, 71% of all settlement money paid.[42]
California requires the following notice:WARNING: Some dust created by power sanding, sawing, grinding, drilling, and other construction activities contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm
