December 23rd, 2013 by Jacqui Blanton

Test Kit Lawsuit in California

A lawsuit filed in California against 8 test kit manufacturers and distributors for failing to disclose that their products carry a cancer-causing ingredient has been reinstated. The lawsuit was filed in 2007 and 2008 by Consumer Advocacy Group. In 1986, California passed Proposition 65 which requires manufacturers to place a warning label on their products when they contain substances known to cause cancer.

The lawsuit was originally dismissed because the lawsuit failed to identify the cancer-causing ingredient. The suit says that the products contained OTO (orthotolidine) which is on the Prop. 65 list. The manufacturers claim the chemical is not OTO, but actually orthotolidine hydrochloride.

In 2010, the suit was once again dismissed because the plaintiffs failed to prove that the products contained OTO. Despite the issues with the lawsuit, other manufacturers have removed OTO from their products.

Click here for more information on Proposition 65.

Prop. 65 lawsuit