I told you of the coffee maker. Same "clear and reasonable" warning is on it as you state--without care for verb tense.
I have no idea if Pax has a higher risk than any other vapes based on the cancer causing properties of any of its parts. But, I do know the warning required by CA law is everywhere to the point it is useless as a guide to assessing any risk.
But, that does not mean you don't have a point. The warnings changed in August 2018 to deal with exposure and not what the item contains. Your warning seems dated. Could it have been printed before August 2018?
(e) “Consumer product exposure” means an exposure that results from a person’s acquisition, purchase, storage, consumption, or any reasonably foreseeable use of a consumer product, including consumption of a food.
§ 25603. Consumer Product Exposure Warnings – Content. (a) Unless otherwise specified in Section 25607.1 et seq., a warning meets the requirements of this subarticle if it is provided using one or more of the methods required in Section 25602 and includes all the following elements: (1) A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the sign, label or shelf tag for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. (2) The word “WARNING” in all capital letters and bold print, and: 7
(A) For exposures to listed carcinogens, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.” (B) For exposures to listed reproductive toxicants, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov.” (C) For exposures to both listed carcinogens and reproductive toxicants, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer, and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov.” (D) For exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov.” (E) Where a warning is being provided for an exposure to a single chemical the words “chemicals including” may be deleted from the warning content set out in subsections (A), (B), (C) and (D). (b) An on-product warning may be provided using all the following elements: (1) The symbol required in subsection (a)(1). (2) The word “WARNING” in all capital letters, in bold print. (A) For consumer products that cause exposures to a listed carcinogen, the words, “Cancer -
www.P65Warnings.ca.gov.” (B) For consumer products that cause exposures to a listed reproductive toxicant, the words, “Reproductive Harm -
www.P65Warnings.ca.gov.” (C) For consumer products that cause exposures to both a listed carcinogen and a reproductive toxicant, the words, “Cancer and Reproductive Harm -
www.P65Warnings.ca.gov.” (c) A person providing an on-product warning pursuant to subsection (b) is not required to include within the text of the warning the name or names of a listed chemical. NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 25249.6 and 25249.11, Health and Safety Code.
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