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Prop 65

This article was originally published in The Tan Sheet

Executive Summary

Herbal extracts and tinctures containing ethyl alcohol are not "alcoholic beverages" requiring Prop 65 reproductive toxicity warning, a Los Angeles judge rules Oct. 15, rejecting lawsuit filed by Consumer Cause in December 2000. "These products are intended to be taken in very small volume quantities more characteristic of the dosage amounts of medicines, not the volumes associated with beverages," court says. Ruling does not address whether plaintiffs may assert supplements with high ethyl alcohol content (i.e., "much greater" than .5%) and marketed for consumption "in quantities greater than 'drops or equivalent units of measure'" could fall under Prop 65
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