Congress Looks at Prop. 65– by Susan Karakhan at Prop. 65 News
Excerpted from the full length article in Prop. 65 News:
LaMura, who at one point held up a plastic bag filled with a sample of resin “so we can put a face on it,” added, “The levels of exposure for our manufacturing plant are within the requirements for OSHA, while [As You Sow] will have you believe that the vapors escaping from the quarter-inch opening of nail polish are harmful and require a warning label.”
La Mura, like other small business owners who testified, had been on the receiving end of a 60-day notice letter signed by AYS’s former attorney, Clifford Chanler. Yet, Chemcoat Labs has never employed more than eight people, she said, which would exempt her from Proposition 65.
Sandra Skommesa, president of Ellis Paint Co. in Los Angeles, said that her company was sued by Chanler and As You Sow over the language of a warning label that contained a comma, in lieu of the word “and.” Skommesa, who eventually settled the suit after spending $68,000 on attorney’s fees and other related costs, nonetheless agreed that her product should be labeled, and said she considers relabeling a part of doing business.
Chanler, who declined an invitation to participate at the hearing, did send a brief letter to the committee asserting his intent to submit testimony.
Mark Golden, president of Golden Artists Colors Inc. in New Berlin, N.Y., said that “at best, these warning potentially are unnecessary and confusing.” He said it cost his company $250,000 to relabel its products after a Proposition 65 suit alleged they were improperly labeled due to their cadmium content. The warning will hurt sales, he said.
Representative Grace Napolitano (D-Calif.) was more positive about the law’s potential health benefits. “I believe consumers need to know about this so they can protect themselves,” she told Golden. Yet, she still asked a number of questions about the effects of Propositions 65 on small businesses. Voicing her concerns to Golden about whether 401k plans and about whether employee benefits would be affected, Golden Replied “yes.” link to source.