Understanding How Prop 65 Impacts the Industrial Sector
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Even though California’s Proposition 65 has been in effect since 1986, questions still arise regarding how the law impacts businesses throughout the U.S. Officially known as the Safe Drinking Water and Toxic Enforcement Act; this law requires the state to publish and update a list of all chemicals proven to cause cancer or reproductive issues. The law also requires businesses in California to inform consumers of any potential dangers associated with exposure to the chemicals. The goal of the law is to protect California’s drinking water supplies from harmful chemicals and to help consumers make informed decisions about the use of and exposure to the chemicals. There are currently over 900 naturally occurring and synthetic chemicals on the Prop 65 List, ranging from everyday household products to industrial chemicals and byproducts of manufacturing.
How Proposition 65 Affects Businesses Outside of California
While Prop 65 is a California-based law, it still affects businesses that sell or distribute chemicals and other products that contain any of the chemicals listed. According to the website for California’s Attorney General, “the requirement to provide a consumer warning applies regardless of whether a business is located in California or out-of-state, as long as its products cause exposures to individuals in California.” Providing messaging on your product pages and homepage warns consumers of the potential dangers associated with chemicals and helps keep your business avoid violations or legal warnings related to Prop 65.Prop 65 Messaging for E-commerce Websites
The Proposition 65 website states that “a warning must be given for listed chemicals unless the exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.” At a minimum, messaging should appear on the pages of all products containing chemicals on the Prop 65 list. You might also want to include messaging on your homepage or on the pages of products that do not contain Prop 65 chemicals. Below are two examples of website messaging: