Proposition 65

If you happen to see add.15 for any product shipping into California it is because of the following law that is in effect that applies to certain promotional products. So, explaining the whole thing and providing more information then you would ever want to know, I believe, is better then ignorance. So, here you go in a pleasant Q & A easy to read format.

1. What is California Proposition 65?

Answer: Prop 65 is a law that went into effect in 1986 in California that prohibits the

distribution of products into the State of California where that product contains one or

more of approximately 750 commonly occurring substances determined by the State of

California to cause cancer or reproductive harm unless the company that distributes the

product into California places a properly worded warning on it.

2. What products does Prop 65 apply to?

Answer: All products distributed into the State of California. Prop 65 does not apply to

products that are not distributed into the State of California.

3. What chemicals are cited by the State of California as causing cancer or

reproductive harm?

Answer: The State of California maintains a list of those chemicals. From time to time

the list is changed to add chemicals and, less frequently, to delete chemicals. Currently

there are approximately 750 chemicals on that list. Additional chemicals, including

caffeine, have been proposed for addition to this list.

4. How much of a chemical needs to be present before a company must provide a

warning?

Answer: Prop 65 requires a warning if one of the following NRSL or NOEL thresholds is

met:

A. When a person is exposed to a chemical at more than the “No Significant

Risk Level” (NRSL). If a person is exposed to a chemical at the NRSL for 70 years that

person would have no more than a 1 in 1,000 chance of developing cancer as a result of

that exposure.

B. When a person is exposed to a chemical at more than 1/1,000 of the “No

Observable Effect Level” (NOEL). The NOEL is the level determined by the State of

California to pose no reproductive harm to humans or lab animals.

5. Has the State of California established a NRSL or NOEL threshold for all of the

chemicals they list?

Answer: No, only a fraction of the listed chemicals have NRSL or NOEL thresholds.

6. How are warnings given?

Answer: Warnings may be given in a variety of ways such as by labeling the product or

its package, placing a warning slip in the packaging for the product, or printing on the

packaging in some other fashion. The placement of the warning depends upon the nature

of the product and its packaging.

7. What must the warning state?

Answer: A proper warning must state in clear, reasonable and legible language that the

product contains a chemical known to the State of California to cause cancer, birth

defects or other reproductive harm. Warnings that only state that the product contains a

chemical that “may” cause cancer, birth defects or reproductive harm have been found to

be insufficient.

8. Where can I get more information about Prop 65?

Answer: The State of California has a website at www.oehha.ca.gov/prop65.html and can be contacted at (916) 445-6900.

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