prop-65
Prop 65
A Note to Our Customers Regarding Revisions to California's Proposition 65
In compliance with California's Safe Drinking Water and Toxic Enforcement
Act of 1986, otherwise known as Proposition 65, all companies selling or
distributing consumer products in or into California are required to inform
consumers if using their products potentially could lead to exposure to
chemicals listed by the State of California as being known to cause cancer,
birth defects, or other reproductive harm. Proposition 65 has resulted in
certain consumer products bearing various warning labels over the years.
However, recent changes to California regulations implementing Proposition
65 will result in many more consumer products having a warning applied or
having a warning statement placed near the products in a retail environment.
These warnings generally consist of language drafted by the State of
California for particular classes of products - such as automobiles - or for
more general use by almost any product. Companies are likely to use the
state-drafted language because the use of other language risks penalties for
the product manufacturer or retailer if the substitute language is found
insufficient. For more information about Proposition 65, the listed chemicals
and the warning requirements, please see https://www.P65Warnings.ca.gov.
Due to these updated regulations, any products produced on or after August
30, 2018 that are sold in or into California must include a chemical exposure
warning if 1) the product contains one of the nearly 900 chemicals listed by
the State of California and 2) use of the product may expose the consumer to
one or more of the listed chemicals in an amount sufficient to require a
warning. In many instances, companies may not know if the use of their
product will in fact lead to a sufficient exposure so as to require a warning
under California law, and undertaking such an exposure analysis on a product
by product basis often is impracticable. Therefore, out of an abundance of
caution many companies will apply a warning to their product to inform
consumers about the potential exposure and avoid the fines and litigation
costs that a failure to warn could bring.
State of California, Department of Justice, Office of the Attorney General
website: Proposition 65 Enforcement Reporting/Frequently Asked Questions -
"I just bought a consumer product that has a Proposition 65 warning. Is it
unsafe?" (www.oag.ca.gov/prop65/faq, 07/25/2018)