California Proposition 65

(https://www.p65warnings.ca.gov/)

California Proposition 65 Warning

About Proposition 65:

California's Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.

By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals. A Proposition 65 warning does not necessarily mean a product is in violation of any product-safety standards or requirements. It means that the product may contain one or more listed chemicals above certain exposure levels, and the business is providing this warning to comply with California law.

For more information about Proposition 65, including why warnings are provided and how chemicals are added to the list, please visit the official website: www.P65Warnings.ca.gov

Our Approach to Proposition 65 Warnings for Affiliate Products:

As a website that uses affiliate links to products sold by third-party retailers ("California products store"), we aim to provide information to our California visitors regarding Proposition 65 as it pertains to products linked from our site.

We do not directly sell, manufacture, or control the products listed on the California products store. The responsibility for determining whether a product requires a Proposition 65 warning, and for providing that warning directly on the product or at the point of sale, rests with the manufacturer and the retailer of the product.

However, to assist our California visitors in making informed purchasing decisions, and in compliance with the spirit of Proposition 65, we provide the following general warning.

General Website Warning for Affiliate Products:

WARNING: Some products available through the affiliate links on this website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, including specific chemical names and details, please visit the product page on the California products store's website and review any Proposition 65 warnings provided there.

You can also visit www.P65Warnings.ca.gov for general information about Proposition 65.

What You Should Do:

  • Review Product Pages: Always review the specific product pages on the California products store's website for any product-specific Proposition 65 warnings, as these warnings will be the most accurate and up-to-date for that particular item.

  • Contact the Retailer/Manufacturer: If you have questions about a specific product and its Proposition 65 warning, please contact the retailer (the California products store) or the product manufacturer directly.

  • Visit P65Warnings.ca.gov: For comprehensive information on Proposition 65, including the list of chemicals and frequently asked questions, refer to the official OEHHA website: www.P65Warnings.ca.gov.

Your Right to Know:

Proposition 65 is a "right-to-know" law that helps Californians make informed decisions. We encourage you to utilize the resources provided to understand potential exposures associated with products you consider purchasing.

Placement and Implementation Considerations for Your Website:

  1. Prominent Placement: This warning should be placed prominently on your website, ideally:

    • In your website footer: A clear link titled "California Proposition 65 Warning" or "Prop 65 Warning."

    • On a dedicated "Legal Notices" or "Privacy Policy" page: If you have one, ensure it's easily navigable from the footer or main menu.

    • Potentially near affiliate links: If feasible and not disruptive to user experience, consider a small, clickable icon or text near affiliate links that lead to California products, linking to this full disclosure. However, this can be challenging to implement dynamically for all affiliate products.

  2. Affiliate Store's Responsibility: Emphasize that the affiliate store (the California products store) is primarily responsible for providing the required warnings at the point of sale and on their product pages. Your warning is a secondary, helpful disclosure for your users.

  3. No Specific Chemical Names (for general warning): For a general website warning like this, it's usually not feasible or advisable to list specific chemicals unless you are certain every product you link to contains them. The "safe harbor" warnings typically require the name of one or more chemicals known to cause the risk. Since you're dealing with a broad range of products via affiliate links, a general warning pointing users to the official P65Warnings.ca.gov site and the retailer's product page is a common and appropriate approach.

  4. "Clear and Reasonable" Standard: The law requires warnings to be "clear and reasonable." For internet sales, this means the warning must be "prominently displayed on the product display page, or through a clearly marked hyperlink using the word 'WARNING' or the words 'CA WARNING' or 'CALIFORNIA WARNING' on the product display page that links to the warning, or on any other page prominently displaying the warning to the purchaser prior to completing the purchase." (Source: OEHHA regulations). Your website's general warning fulfills part of this, but it's the affiliate store's primary duty to ensure their product pages meet this for each product.

  5. Ongoing Monitoring: Prop 65 is dynamic. The list of chemicals is updated regularly by OEHHA. While your general warning refers users to the official sources, it's good practice to periodically check OEHHA's website (P65Warnings.ca.gov) for major changes that might affect your general disclosure.