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February 22, 2016

ALOE VERA NOW CAUSES CANCER IN THE STATE OF CALIFORNIA: For those of you not familiar with California’s Proposition 65, this 2009 L.A. Times article is a reasonable introduction:

Whether you are pumping gas or buying a fillet of salmon, your eyes have no doubt landed on an ominous sign documenting the presence of “chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.”

Such alarming notices began appearing in the state in 1986 thanks to Proposition 65, otherwise known as the Safe Drinking Water and Toxic Enforcement Act of 1986, which prohibits businesses from discharging potentially harmful chemicals in drinking water and requires them to disclose the presence of such chemicals on their premises. The 19-page list of hundreds of potentially dangerous chemicals kept by the state is updated annually.

Today, the warnings are everywhere: parking lots, hardware stores, hospitals and just about any decent-sized business including, as of May, those of medical marijuana suppliers — because marijuana smoke is now on the list of known carcinogens.

Flash-forward to 2016, when as the California Political Review notes, Aloe Vera has been added to the state’s Prop. 65 List:

You read that correctly: Aloe vera. In December of last year, the Office of Environmental Health Hazard Assessment (OEHHA) published its intent to list Aloe vera, whole leave extract to the Proposition 65 list of chemicals known to the state of California to cause cancer. Despite the widely accepted extensive health benefits of Aloe vera, an unelected regulator in Sacramento can now tell you and all consumers it will cause cancer, even if no cases of cancer from Aloe vera exposure exist.

The problem is that the 800+ chemicals listed in Proposition 65 are not devised to protect consumers, but rather serve as a cash cow for private trial lawyers to sue small business and reap the hefty settlement payout. Since 1986, nearly 20,000 lawsuits have been filed, adding up to over half a billion dollars in settlement payments by business owners.

Unfortunately, the most profitable thing regulators give to trial lawyers at the expense of job creators is confusion. Recent Proposition 65 proposed regulatory revisions create compliance difficulties, increase frivolous litigation, and add consumer confusion.

Which for trial lawyers, is a feature, not a bug. Or as Ayn Rand wrote a half century ago in Atlas Shrugged, “There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for me to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed or enforced nor objectively interpreted — and you create a nation of law-breakers — and then you cash in on guilt.”