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Thread: California Prop 65

  1. #1

    California Prop 65

    Anyone else dealing with the new Prop 65 rules that went into effect Aug 31st? We are trying to wrap our heads around best practice and what to do. We sell products that contain trace amounts of lead, and other chemicals, but everyone in our industry knows that already as these parts are all used in industrial applications. The new rules call for specific labeling, both online and on the product or it's packaging, and levies stiff fines for non-compliance. And it's vague - you have to warn anyone in CA, or those who may resell to CA.. well we sell to distributors, and the public, and any of them can turn around and resell in CA.. ugh! Just when GDPR is over, now this..

  2. #2
    I am a reseller of some products that contain Prop 65 warning labels. I don't actually manufacture any of these myself. I've no idea if I have to do anything- or if it is up the the manufacturer to comply with the proper labels.
    Prop 65 is one of the most absurd laws ever passed. You see prop 65 warnings posted everywhere- including McDonalds.
    I've considered peeling the labels off if I am shipping outside of CA. I gave that up a few years ago, and just accept that some people freak out and return the product.

  3. #3
    Prop 65 is nasty, and the best is have a general warning which reduces your liability. That way a hungry lawyer will hopefully go choose another victim that has no warning. How you can tell a business is more aware in CA, is if they have a prop 65 warning on their entrance. Every business should have it, but may be 1% do. In buildings, it usually means there is a lawyer leasing in the blg. The problem with Prop 65, is it does not define the levels. And sometimes you can't afford the testing required, so it's cheaper to just settle. This happened to a company selling Tea. And make sure your insuranced up, so this way if you do get sued, you won't go bankrupt.

    If you watch some of the videos on Prop 65, it's shocking who has been sued (handbag mfg and golf club covers are two I remember). You buy sunglasses in CA they have a prop 65 warning on them. Coffee is an interesting example, I'm not sure what is going to happen there since the FDA pushed back on a cancer warning. McDonalds got caught on french fries, since when you deep fry them some cancer causing agent is created. The latest sign I saw at McDonalds even mentioned their roofing materials had cancer causing materials in it.

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