California Proposition 65
Note to our Customers
We appreciate your concern regarding the California Proposition 65 warnings seen in our advertisements. These warnings have been added to ensure compliance with the California’s Proposition 65 so that we can continue to serve our Customers located in California.
Q. What is Proposition 65?
A. Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was an initiative California voters approved. The purpose was to address growing concern about exposure to toxic chemicals.
Q. What are the requirements under Proposition 65?
A. The state of California is required to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The list now has more than 900 chemicals and is required to be updated at least once a year.
All businesses that sell items in or into the State of California are required to provide a clear and reasonable warning prior to purchase on items that contain a listed chemical.
Q. My product contained a Proposition 65 warning. What does this mean?
A. By law, in the State of California, a Proposition 65 warning informs a consumer that he or she is being exposed to substances known to the state of California to cause cancer or reproductive harm in amounts that exceed certain threshold levels. This is not the same as a regulatory decision that a product is "safe" or "unsafe." Warnings are required for a wide variety of products including baked or fried foods, alcohol, and fish.
Q. Why isn’t every company issuing this warning?
A. Hundreds of companies receive notice of California Proposition 65 violations every year from private plaintiff groups. These notices inform the companies that their products do not have the appropriate Proposition 65 warning and that a lawsuit will be brought against them. These lawsuits often result in significant financial settlements paid to the plaintiff group and their attorneys. We have made the decision to include a Proposition 65 warning in order to ensure our full compliance with Proposition 65. Because Proposition 65 is inconsistently enforced by private plaintiffs, you will sometimes see certain products in the market with warnings, and virtually identical products without warnings. Other companies may elect not to provide warnings because, in their assessment, they conclude that they are not required to do so under Prop 65 standards. A lack of warnings for a product does not necessarily mean that the products is free of the same substances at similar levels.
Q. Where can I find more information?
A. If you would like more information regarding Proposition 65 please visit: https://oehha.ca.gov/proposition-65/proposition-65-faqs