Many vape companies have been fined for failing to place the CA proposition 65 warning on their products. 168 enforcement actions were brought on by private plaintiffs (meaning an individual) claiming that their CA consumer protection laws were violated.
In a nutshell everything causes cancer and reproductive harm according to the state of California. For those of you who have been to a theme park in California or at the grocery store have seen the Prop 65 warnings. In our opinion it’s nonsense but at the end of the day it is a voter approved law and vape companies must comply.
Do the devices and/or e-liquids cause cancer? The answer is NO. However, according to the state of California if the ingredient or the byproduct of the ingredient (i.e. vapor) is a known carcinogen such as formaldehyde (even at an extremely low level) then the manufacturer/seller of the product is required to have the warning.
Does a vape insurance policy provide coverage for Prop 65 violations? The answer is, NO. The reason is very simple, there is no insurance contract that would provide coverage for the violation of the law.
At CALCO we believe in providing guidance to our clients. We hope this information was helpful for you regardless if you have a vape shop, manufacture e-liquids, or import device.