Prop 65 appears to have become a victim of its own incentive structure. When it first landed, companies had to balance whether the potential loss of sales from applying a label was worth lowering enforcement risk, so there was reason to think: is the thing I’m selling actually potentially harmful under this regulation’s definition?
But once the momentum of having these labels on _a lot_ of products gets established, customers start to un-see them, and the sales risk of applying the label drops to negligible. So just slap it on everything, which adds more noise to the signal, which further derisks adding the label, etc.
At this point it probably just needs a hard reset; tear out prop 65 in the process of replacing it with something that learns from these lessons. Maybe make the warning label cost something e.g. mandate that its application include quantitative risk backed by a third party lab test.
Be interesting to see how the new requirement to name the chemical goes.