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CALIFORNIA PROPOSITION 65

CALIFORNIA PROPOSITION 65

A Note to our Dear Customers


We appreciate your interest in learning more regarding the California Proposition 65 warnings seen on our products and product pages. These warnings have been added to all of our items and product page listings to ensure compliance with the California's Proposition 65. We did this so that we can continue to provide products to our customers located in California. 


PRO 65 RESTRICTION

If you see the image, text or sticker (seen above) on any product page, or on product package the below Q&A will help address any questions you may have.


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. 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 any listed chemical(s). 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. 

 

Q. My product contained a Proposition 65 warning. What does this mean?

A. The purpose of Proposition 65 is to notify consumers that they are being exposed to chemicals substances known to the state of California to cause cancer or reproductive harm in amounts that exceed certain threshold levels. Consumers can decide on their own if they want to purchase or use the product.  This is not the same as a regulatory decision that a product is "safe" or "unsafe", and does not mean the product containing the warning has the listed chemicals in the threshold levels. Warnings are required for a wide variety of products including baked or fried foods, alcohol, and fish.

 

Q. Are Businesses required to post Proposition 65 warnings?

A. Businesses are not required to provide OEHHA with any information regarding their decision to provide a Proposition 65 warning. This decision is made by each business based on its knowledge of the types of chemical exposures it includes in it's products or packaging. Elvis & Elvin, Inc. has made the decision to include a Proposition 65 warning in order to ensure our full compliance with Proposition 65.

 

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. 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 product(s) is free of the same substances at similar levels. 

 

Q. Where can I get more information?

A. If you would like more information regarding Proposition 65 please visit: https://oehha.ca.gov/proposition-65/proposition-65-faqs.