California’s Prop 65 How it Affects You and Your Lab

By Christie Walker

At first glance, a Texas lab might think that a California Proposition doesn’t have an impact on their business, but a closer look reveals that Prop 65 can impact labs and lens manufacturers around the world IF their products are being sold in California.


The intended purpose of Prop 65 is to inform consumers in California of products that contain any substances that may cause cancer, birth defects or reproductive harm, or to warn against workplace or other areas that may cause exposures to such substances. The list of substances of concern is approximately 1,000 long and growing. In addition to informing consumers, California employers must also inform their employees if their workplace could expose them to any of the substances on the same list. The law applies to companies with 10 or more employees that is physically located in California or whose products are sold, distributed or stored in California. This also includes internet, telephone and catalog sales. Attempts have been made by California legislators to raise the number of employees from 10 to 25, but this has been unsuccessful to date.

One of the issues with the law is the way in which it is being enforced. The law can be enforced by the State or by private parties. During a two-and-a-half year period in 2013-2014, optical products, mostly sunglasses and readers, were targeted by private party enforcers, and in particular a company named, “Consumer Advocacy Group, Inc.” Approximately sixty-seven notices were filed in 2013 and approximately 10 more notices were filed in 2014 and the first half of 2015.

“To the best of our knowledge, no optical laboratories have been targeted,” said Rick Van Arnam, Regulatory Council for The Vision Council.

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