Maggie’s How can something only cause cancer in California?

lash

Swamp Rat
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Sep 28, 2012
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Good question huh?

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Take a minute to read the email from Milspin and revel in your freedoms…


Summary: Storewide Promo & Full Story on California's Proposition 65 Enforcement Industry (First Hand Experience)

We'll knock the promo out of the way first for those who don't have the time to read this book I'm about to write and just want to buy some dope products. I wish I could say that your money is 100% of the time being dumped back into our company to create more jobs for Veterans, but more often than we'd like it ends up going to attorneys for mind-numbing reasons; the below being one of the dumbest on our list to date. I guess it's just part of the game

Today Only, use code "THISWEDDINGISHORSECRAP" at checkout for 35% OFFyour ENTIRE order.

Not valid on custom orders. Not valid on Amazon. Expires at Midnight.​
Ok, now for the Prop 65 story...


What is Proposition 65: A 1986 California exclusive law requiring businesses to warn consumers about potential exposure to chemicals that may cause cancer or birth defects.

Hey, that sounds pretty reasonable to the average person. The issue is the lengths they've taken it to and the parasitic enforcement strategies in place.

Who Prop 65 Effects: Any company that is selling products in CA or to CA residents that allegedly contain any one of the 900+ chemicals they list in the law. Pretty much everything you touch has at least one of these chemicals. Companies with less than 10 employees, or any government agency is exempt from this law, of course.

California's Enforcement Strategy and our First Hand Experience: ~8 years ago California amended the law to allow California private attorneys to "enforce" this law. These private attorneys scour retail and online marketplaces, purchase products, and if there is no Prop 65 label or an incorrectly labeled product, they issue a Violation Letter of intent to sue after 60 days if the matter is not settled prior.

These attorneys do NOT need to allege any harm or injury occurred. They only are required to allege that a violation of the law occurred.

Virtually no company takes these alleged violations to court because the cost to litigate them is upwards of 100K and even if you somehow did win, you do not get to recoup your attorney fees. So it's a net loss anyway you look at it.

The private enforcers know this, and that is why the average final settlement for these "violations" is ~$33,000. Enough to heavily pad the attorney's pockets, but not quite enough to entice a company to take it to court.

Upon settlement, there is nothing preventing any other attorney or private enforcement company to go after you for the EXACT SAME THING. There is also nothing preventing the same private attorneys from coming after you for any other product you offer. If they want to destroy you, they have every ability to run you into the ground.

Who Benefits: Prop 65 requires that 75% off the "settlement" goes to CA and 25% goes to the private enforcer who issues the violation letter. BUT, the private attorneys pad the "settlement" with "Attorney Fees" which are exempt from the portion of money required to go to CA.

***Below is a breakdown of the full settlement we had to agree upon for the violation we received for our Brass Magnus Utility Knife:

Civil Penalty Payment (This is the portion that CA gets 75% of and private attorney's get 25% of): $2000
Attorney Fees (all goes straight into attorney's pockets): $20,500
Total Settlement: $22,500
So, CA got $500 lol. This exemplifies the disgusting joke that this entire Prop 65 enforcement is. Furthermore, this settlement was in regards to selling a measly ~600 units of the Magnus to CA residents.

The real question is why are the 49 other States in America allowing California to harm small businesses with this non-sense law and private enforcement tactics. We know absolutely nobody takes the warning labels seriously because it has got to the point that it is on legitimately every product you purchase anymore to try and avoid these enforcers from coming after them, so we don't have any issues putting it on our products as we know it doesn't impact sales.

We just never considered it for the Magnus because we would never expect people to eat it, lick it, rub it in their eyes, stick it in their butts, or whatever else. But apparently CA knows their residents are prone to doing these things and this is their heartfelt attempt at protecting them.

Moral of the story: Put a Prop 65 warning on everything, if/when they come for you just bend over, enjoy it, and say "thank you may I have another."

If you want to see all the settlements and companies that have been affected by this, go to this LINK. They are required to publicly disclose all settlements. You won't find ours there yet, because I signed the settlement moments before crafting this email.

I'd love to hear your thoughts on this from an outside perspective. Happy to answer any questions you may have on the matter as well.

- Dana Peters, Founder​
 
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Those warnings are mind-numbing ridiculousness. They are literally on every product made and sold, no matter if true or not. The above email explains why.

It’s simply another tax on companies and California weaponized all the closet scumbag attorneys so that they can punish anyone who doesn’t play their game.
 
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This is a great quote from the email:

“We just never considered it for the Magnus because we would never expect people to eat it, lick it, rub it in their eyes, stick it in their butts, or whatever else. But apparently CA knows their residents are prone to doing these things and this is their heartfelt attempt at protecting them.”

😂
 
Whores with Bar Cards, remember the Whore who sued small businesses in California under the ADA, they had a guy in a wheel chair measuring door knob, sink and mirror heights in restrooms, they extorted millions from small business until finally a Judge declared them Vexatious Litigants. Prop 65 is just California's version of ADA abuse.
 
Liberals cause the entire system to rot, from roots to crown.
The sad thing to realize is that many of them are truly well-meaning in their intentions. But, as my grandmother used to say, the road to hell is paved with good intentions. In other words, just because you have a good idea or want to help/save people from themselves, does not mean that there needs to be a law.

Laws are almost always applied for the worst reasons and rarely within the intent of the law. The very last thing we ever need is more laws. They usually just enrich the rich and protect the guilty. Like it or not.
 
Civil courts should not be used as a tool for regulatory matters. That is how our court system is being abused - and its not just California.

I manufacture and distribute alcohol in California and elsewhere. Overall business is good and we've had a lot of success largely from winning a bunch of coveted awards for our products. A portion of Prop 65 deals with warnings about the hazards of alcohol consumption when driving, operating equipment, or while pregnant. Nothing wrong with the intent of letting people know there is a potential hazard though many of the required notices fall under "common sense" for most people.

We were slapped with a Prop 65 lawsuit that we are still paying on 9 years later. All alcohol retailers (including bars, restaurants, and stores) are required under Prop 65 to post a sign warning of the hazards of alcohol where it is clearly visible to the public. This requirement is in addition to the federally required warning on our labels. The catch is that if a retailer does not have the required signage at their bar, restaurant, or store the liability falls on the manufacturer. So if "Joe's Liquor Store" in Anytown, CA doesn't have their signs up its our problem as the manufacturer - we get sued. A retail store didn't have the warning signs up and the litigants went through and documented every distiller, winemaker, rectifier, and brewer and sued us all. A part of our group settlement has some guardrails to prevent us from getting pulled into actions from other litigants but the way these laws are written defies all logic and reason as we have zero control over what retailers do at their places of business. Most of our product is sold through a network of large distributors who, in-turn, sell and deliver to the retail outlets. We have reps out there for marketing and distributor support but we do not sell directly to most retailers.

The ADA isn't much better. We just settled an $80K lawsuit as our website was not adequately accessible to the blind - we thought it was fine but...
 
The sad thing to realize is that many of them are truly well-meaning in their intentions. But, as my grandmother used to say, the road to hell is paved with good intentions. In other words, just because you have a good idea or want to help/save people from themselves, does not mean that there needs to be a law.

Laws are almost always applied for the worst reasons and rarely within the intent of the law. The very last thing we ever need is more laws. They usually just enrich the rich and protect the guilty. Like it or not.
When emotion becomes the driver for "good intentions" the ending is almost always bad.
 
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Civil courts should not be used as a tool for regulatory matters. That is how our court system is being abused - and its not just California.

I manufacture and distribute alcohol in California and elsewhere. Overall business is good and we've had a lot of success largely from winning a bunch of coveted awards for our products. A portion of Prop 65 deals with warnings about the hazards of alcohol consumption when driving, operating equipment, or while pregnant. Nothing wrong with the intent of letting people know there is a potential hazard though many of the required notices fall under "common sense" for most people.

We were slapped with a Prop 65 lawsuit that we are still paying on 9 years later. All alcohol retailers (including bars, restaurants, and stores) are required under Prop 65 to post a sign warning of the hazards of alcohol where it is clearly visible to the public. This requirement is in addition to the federally required warning on our labels. The catch is that if a retailer does not have the required signage at their bar, restaurant, or store the liability falls on the manufacturer. So if "Joe's Liquor Store" in Anytown, CA doesn't have their signs up its our problem as the manufacturer - we get sued. A retail store didn't have the warning signs up and the litigants went through and documented every distiller, winemaker, rectifier, and brewer and sued us all. A part of our group settlement has some guardrails to prevent us from getting pulled into actions from other litigants but the way these laws are written defies all logic and reason as we have zero control over what retailers do at their places of business. Most of our product is sold through a network of large distributors who, in-turn, sell and deliver to the retail outlets. We have reps out there for marketing and distributor support but we do not sell directly to most retailers.

The ADA isn't much better. We just settled an $80K lawsuit as our website was not adequately accessible to the blind - we thought it was fine but...
WTF? Would you explain that one?
 
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We need to pass a law forbidding people from California from leaving their state for any reason. They are a cancer and they are ruining every fucking place they infest as they flee their own stupidity. Worse yet, every fucking one of them votes for California bullshit and democrats no matter where they move. Any California cunt who says otherwise is a fucking liar. You only have to see the results of the first election after their cancerous asses arrive anywhere to know they all fucking LIE.
 
From it's inception this has always been a cash grab by the scum of the earth.....you know.....attorneys.
Plaintiff's personal injury attorneys, whether easily traced or not, were behind that Proposition. So many things to sue about when the entire state has convinced its citizens that Product ABC is dangerous.

CA's history post-WW2 is to cause many problems, then blame the problems/transfer responsibility for the problems, to the citizenry. It's almost like they were the test case for a national kind of governmental dysfunction.
 
We need to pass a law forbidding people from California from leaving their state for any reason. They are a cancer and they are ruining every fucking place they infest as they flee their own stupidity. Worse yet, every fucking one of them votes for California bullshit and democrats no matter where they move. Any California cunt who says otherwise is a fucking liar. You only have to see the results of the first election after their cancerous asses arrive anywhere to know they all fucking LIE.

From what I see it’s likely more republicans moving to your state than dems. We moved out of SoCal a long time ago but kept our home there. Now I mostly use it when in SoCal at our businesses. Out of people we know in there, it’s all conservatives leaving California - only one dem I know left. (Yes there are plenty of dems migrating, I’m sure.) The irony is that there are more republicans in California than CO, KS, NB, OK, IA, ID, SD and some other states combined. Just an overwhelming concentration of dems in cities. Carve out LA County and the bay area and it’s a conservative state - and a beautiful one!
 
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From what I see it’s likely more republicans moving to your state than dems. We moved out of SoCal a long time ago but kept our home there. Now I mostly use it when in SoCal at our businesses. Out of people we know in there, it’s all conservatives leaving California - only one dem I know left. (Yes there are plenty of dems migrating, I’m sure.) The irony is that there are more republicans in California than CO, KS, NB, OK, IA, ID, SD and some other states combined. Just an overwhelming concentration of dems in cities. Carve out LA County and the bay area and it’s a conservative state - and a beautiful one!
+1000!

Living in NorCal (State of Jefferson). I totally agree with this! We are choked it by 3 areas who have the greatest population density and diametric ideals. 🤬

Between older parents and too much invested in my retirement I’m chained here in the asylum. 😢😢
 
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Y'all better find a way to convince North Korea to nuke CA back into the stone age because if you don't the bad ideas and the CA refugees carrying them are going to just keep spreading. Currently I'm looking forward to an 11% sin tax on guns and my electrical bill being based on how much I earn. God knows what's coming next...
 
We need to pass a law forbidding people from California from leaving their state for any reason. They are a cancer and they are ruining every fucking place they infest as they flee their own stupidity. Worse yet, every fucking one of them votes for California bullshit and democrats no matter where they move. Any California cunt who says otherwise is a fucking liar. You only have to see the results of the first election after their cancerous asses arrive anywhere to know they all fucking LIE.
Or at least tattoo them with the Prop 65 warnings on their forehead......

Doc
 
The company I work for has to deal with the Prop 65 BS all the time. They recently made some changes to what the label has to say, the size of the font, etc. We had to change a shit ton of product labels on several SKU's. Then there is the new packaging requirements that have either gone into effect, or are coming soon. I had to do all these calculations for plastic lure packaging to see if we were compliant.

They want a reduction in plastic packaging. First they had to be labeled if they were recycled material or could be recycled, now it doesn't matter. They want essentially zero plastic. Of course they refer you to some outside agency to work with for compliance...which I'm sure if some politicians friend or family member that runs it. It's all an exercise to generate money for someone and zero to do with saving the babies.
 
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The sad thing to realize is that many of them are truly well-meaning in their intentions. But, as my grandmother used to say, the road to hell is paved with good intentions. In other words, just because you have a good idea or want to help/save people from themselves, does not mean that there needs to be a law.

Laws are almost always applied for the worst reasons and rarely within the intent of the law. The very last thing we ever need is more laws. They usually just enrich the rich and protect the guilty. Like it or not.
Liberals don’t have good intentions in anything they do. Their intentions are to control the actions and thoughts of others, and to make every effort and action possible to restrict freedoms.

They are fucking evil wannabe slave handlers, and should be treated as such in all interactions with them.
 
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From what I see it’s likely more republicans moving to your state than dems. We moved out of SoCal a long time ago but kept our home there. Now I mostly use it when in SoCal at our businesses. Out of people we know in there, it’s all conservatives leaving California - only one dem I know left. (Yes there are plenty of dems migrating, I’m sure.) The irony is that there are more republicans in California than CO, KS, NB, OK, IA, ID, SD and some other states combined. Just an overwhelming concentration of dems in cities. Carve out LA County and the bay area and it’s a conservative state - and a beautiful one!

A California conservative is left of center in FL.
 
Well, the people who run my state clearly ate lead paint chips when they were babies, so it goes without saying that they know a thing or two about lead poisoning and it's effects. :sneaky:
I spent some time in CA for work about 6 or 7 years ago by now, specifically in San Diego, right along the coast in.. Old Town? It's been a few years anyway at this point and the area I stayed at was by the Disney Cruise line port, "Star of India" (I think it was called), and a Ruth's Chris Steakhouse right across from my hotel during that time. Hopefully my foggy memory makes sense to someone more familiar with that area.

Regardless, one of the things that still to this day baffles me to this day is the crosswalk buttons 'talk' to you there. We're talking along a major roadway, and I was told it was a CA thing for the blind... But this was along a pretty major roadway and there was nothing along the path for blind folks but dang it CA was going to take care of whichever blind person made it to said crosswalk because... idk 'freedom' dammit!

Just a few years ago- I spent a number of months living outside of Tokyo and one of the things the Japanese did to accommodate their 'vision impaired is to put 'bumps' (for a lack of better words) along the sidewalks so that the blind pedestrians could follow them with their walking canes (not sure if that's the right word but that's what I'll call it) and the 'bumps' followed a system (I suspect like braille) to indicate where the sidewalk went straight, when an intersection came up, and what direction the intersection went. But good old San Diego- you were on your own walking the streets if you were blind but dammit the crosswalks aligned with streetlights will talk to you until the cows come home.

-LD
 
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