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CALIFORNIA’S PROPOSITION 65 New
CALIFORNIA’S PROPOSITION 65
You may have noticed a warning label on certain products from TREBLAB and other headset manufacturers that reads: ⚠️ Warning: Cancer and Reproductive Harm – www.P65Warnings.ca.gov/
WHAT DOES THE WARNING MEAN?
In 1986, California passed a law called “Proposition 65.” This law requires manufacturers to include a warning on any product sold in the state if it may contain any of the over 1000 chemicals on a list compiled by California regulators. While these chemicals were identified as harmful by only the State of California—not by federal regulators or those in other states—a manufacturer’s failure to comply with labeling requirements brings with it substantial costs and penalties.
IS IT SAFE TO USE LABELED PRODUCTS?
Yes. All TREBLAB products are safe when used as instructed. Our products comply with all federal and state laws—including those in California—for both safety and restricted substances. The warning label is simply a notice that a product may include a substance found on the Proposition 65 list, which is quite broad and subject to change. Proposition 65 has required warnings on many ordinary, everyday products—such as coffee, vinegar, and fish—that are sold and purchased in California.
WHY WOULD TREBLAB NEED TO PUT A WARNING ON A PRODUCT THAT IS SAFE?
Proposition 65 disregards the fact that a product meets federal and state safety standards. If there is a possibility a product contains even a trace amount of any chemical on the Proposition 65 list, it must carry the warning label. Otherwise, the manufacturer must prove it falls below the minimum exposure level determined by California or face penalties. What constitutes “exposure” is not clearly defined, which means that is often determined in court. For a manufacturer, there are substantial legal costs associated with contesting a Proposition 65 case. Because adding a warning label eliminates this risk of litigation, TREBLAB and many other manufacturers have decided to simply include the Proposition 65 warning.
I DIDN’T BUY THIS PRODUCT IN CALIFORNIA. WHY DOES IT HAVE A PROPOSITION 65 WARNING LABEL?
TREBLAB products are distributed throughout the U.S. Our retailers’ warehouses routinely serve multiple states, including California. Therefore, we faced potential costs and penalties related to Proposition 65 if an unlabeled product were mistakenly sent to California. For this reason, we chose to include the warning on every product, regardless of purchase location.
DOES CALIFORNIA REQUIRE EVIDENCE OF HARM TO HUMANS BEFORE ADDING A CHEMICAL TO THE PROPOSITION 65 LIST?
No. California requires no evidence of harm or likelihood of harm to humans in order to add a chemical to the Proposition 65 list. Evidence from animal testing—even when such testing has been conducted with exposure at absurd dosages—has been sufficient.
CAN A CHEMICAL BE CONSIDERED SAFE BY THE FDA AND THE EPA AND STILL BE ON THE PROPOSITION 65 LIST?
Yes. Because of their reliance on animal testing and questionable doses, California has included chemicals on the Proposition 65 list that have been studied and found safe by the FDA & EPA.
We believe every TREBLAB product is absolutely safe to use and enjoy. Should you have questions about any of our products, please contact our Customer Care Department at firstname.lastname@example.org