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Bongs Don’t Need To Come With Warnings Of Cancer-Causing Chemicals, California Supreme Court Says

“We think this decision represents a common-sense interpretation of Prop 65”

The state Supreme Court refused Wednesday to require manufacturers of products that can be used to smoke marijuana, such as a “bong” pipe, to warn customers that they could be exposed to a chemical that causes cancer. According to a lower-court ruling that the justices left intact, Proposition 65, which mandates such warnings for businesses that knowingly “expose” anyone to a chemical that causes cancer or reproductive harm, applies only to makers of hazardous substances and items that produce them, and not to vessels like water pipes.

Although marijuana is not nearly as carcinogenic as tobacco, the U.S. Centers for Disease Control and Prevention have found some evidence that chronic marijuana smoking can cause testicular cancer, and the National Institute on Drug Abuse, another federal agency, said in 2020 that it was an “open question” whether marijuana smoke causes lung cancer. In 2009, California health officials added marijuana smoke to the list of potential cancer-causing substances requiring consumer warnings under Prop. 65, a ballot measure approved by the voters in 1986.

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