proposition 65 change set for 2018

[total.sports.llc]

So it has been brought to my attention by one of my manufacturer that by August 30, 2018 all of our listings must show the proposition 65 disclaimer in the listing description, at least the stuff that has that on the packageing, but proposition 65 probably is on everything so that would have to go onto all of our listings.

Has anyone else heard this? 

[chrysylys]

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Anotrher reason to be able to block sales by state.  If you don't ship there, they can't tell you what to put in your listing.

[shipscript]

@total.sports.llc

Thats an easy one....just stick this at the bottom of all of your listings...

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Warning. Everything sold into the state of California contains agents known to the state of California to cause cancer and birth defects,   reproductive harm, or other, as yet unnamed, harm to its citizenry.

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[total.sports.llc]

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@shipscript wrote:

@total.sports.llc

Thats an easy one....just stick this at the bottom of all of your listings...

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Warning. Everything sold into the state of California contains agents known to the state of California to cause cancer and birth defects,   reproductive harm, or other, as yet unnamed, harm to its citizenry.

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Yeah I figured that's what I would do, I was more wondering if anyone has heard about this having to be done by the end of August. The letter was sent to us by a manufacturer not from some federal agency. 

[total.sports.llc]

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@chrysylys wrote:

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Anotrher reason to be able to block sales by state.  If you don't ship there, they can't tell you what to put in your listing.

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Yes this is something we have also been concidering. We actually don't do much business to CA, maybe 10%, and if we do they cost us a lot more in shipping fees so we might actually make out doing that.

[chrysylys]

That's one of my Wish List items though --  the ability to do that.  Right now, there is no way as the system doesn't offer those options.

[gracieallen01]

A thought and statement about Prop. 65 from OEHHA website:

"Are any businesses exempt from Proposition 65’s requirements?

Businesses with less than 10 employees and government agencies are exempt from Proposition 65’s warning requirements and prohibition on discharges into drinking water sources.

Businesses are also exempt from the warning requirement and discharge prohibition if the exposures they cause are so low as to create no significant risk of cancer or are significantly below levels observed to cause birth defects or other reproductive harm.

How can businesses determine if a warning is required?

Using its knowledge of its business operations and the chemicals it uses, a business can review the Proposition 65 list to determine whether its operations or products are likely to expose people in California to any listed chemicals.  Depending on the level of exposure, the business may be required to provide a warning for those exposures.  A business that determines it is causing exposures to a listed chemical may be able to use OEHHA’s safe harbor numbers to determine if it needs to provide a warning."

[buyautosupply]

As someone else stated, if your business has less than 10 employees you do not need to comply with Prop 65 warnings. If you have over 10 employees then it is best to take the steps to avoid litigation as advised by your manufacturer, the biggest problem to Prop 65 compliance is there are law groups that pursue the cases not just the state of California and can pursue a suit against you if you are out of compliance.

It must be in your listing text, at least size 6 font and can not be smaller then other consumer information text. Compliance is based on the point of sale, so for online sales it must be in the listing information and available to customers before they purchase the item, you could likely also use a photo with the info on it, though ebay might not like that 😛 You are also supposed to link back to https://www.p65warnings.ca.gov/ from the warning, which ebay might also have issue with at the moment.

Make sure you read the warning requirements, your manufacturer should be able to tell you what chemicals are present in your items, as you must name at least 1 chemical in the warning, also note that a smerky generic warning will not cover you if litigation is brought against you, so if you are going to bother with it at all, make sure you follow their guidelines. Technically from what we have been told, it does not actually need to be displayed on the product package if you are only selling online, it must be present and easy to see at the point of sale only, if you also have items in a retail store in California then it would need to be on the label / package as well. 

We are still working on the best way to add it to our ebay listings, for our website we use:

WARNING: This product can expose you to chemicals, including lead, which is known to the state of California to cause cancer, birth defects, or other reproductive harm. For more information visit https://www.p65warnings.ca.gov/

Here are some links with additional information if they don't block them 🙂

https://www.productliabilityandmasstorts.com/2016/11/california-releases-new-prop-65-warning-regulat...

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

Hopefully eBay will be working on helping implement this into listings easier as it is required to be presented at the time of sale.

I hope this is of use to others trying to figure out the fun of complying with prop 65 >.<

[jason_incognito]

I don't think there's anything that doesn't carry that logo. It's beyond useless.

[chrysylys]

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@chrysylys wrote:

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Anotrher reason to be able to block sales by state.  If you don't ship there, they can't tell you what to put in your listing.

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@Anonymous

Hey gang, how 'bout it?  Let the other 49 states and the rest of the world block sales to CA due to this silly nonsense, OK?  Well, this and CARB.

[d-k_treasures]

What if we used a 6 point font when posting?

[richard1rst]

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@jason_incognito wrote:

I don't think there's anything that doesn't carry that logo. It's beyond useless.

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You are right on that. Did you know that Mother's Milk is listed on Prop 65.

[richard1rst]

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@total.sports.llc wrote:

So it has been brought to my attention by one of my manufacturer that by August 30, 2018 all of our listings must show the proposition 65 disclaimer in the listing description, at least the stuff that has that on the packageing, but proposition 65 probably is on everything so that would have to go onto all of our listings.

Has anyone else heard this? 

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I am in Nevada. How exactly is California going to enforce what I put on my listing?

[shipscript]

We'll have a sticker for everything, and the violation chasers will be making a bundle on every missing sticker.

I was thinking of replacing a board in my fence.

Here is the prop 65 warning straight from the gov website...

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WARNING: Drilling, sawing, sanding or machining wood products can expose you to wood dust, a substance known to the State of California to cause cancer.  Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection.  For more information go to www.P65Warnings.ca.gov/wood.

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Stickers to put on your cars...

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WARNING: Operating, servicing and maintaining a passenger vehicle or off-road vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm.  To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, service your vehicle in a well-ventilated area and wear gloves or wash your hands frequently when servicing your vehicle.  For more information go to www.P65Warnings.ca.gov/passenger-vehicle.

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There will be a sign at every bus stop and street corner

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WARNING: Breathing diesel engine exhaust exposes you to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

For more information go to www.P65warnings.ca.gov/diesel.

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And the list of warnings for hotels and restaurants is quite lengthy, with such toxic items as liquor, rice, shellfish, seaweed, mushrooms, pumpkins, prune juice, french fries, olives, nuts, coffee, etc.

This will be right up there with the electric blanket warning: "do not use in bathtub".

[luckythewinner]

I spent a weekend in the San Diego area recently. 

On the wall of my hotel was a sign stating that my hotel might cause cancer.