California Proposition 65 overview and warning notices
What is Proposition 65?
California’s Proposition 65 (i.e., The Safe Drinking Water and Toxic Enforcement Act of 1986) is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. It stemmed from a ballot initiative passed by California voters in 1986, and is a toxic chemicals right-to-know law requiring a company doing business in California to place warnings on products and, if the product is sold on the internet, on web pages featuring the product. The law requires the warning when certain chemicals in the products are present in levels that could cause certain levels of exposure to the consumer.
The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 950 chemicals. The law allows private enforcers to bring notices of violation of any of 950+ chemicals it regulates, which in turn requires Wish merchants, as one option, to add warnings that the product at issue contains specific chemicals that can cause cancer or reproductive harm. Another option is to withdraw the product from California sale. Neither option exempts Wish merchants from liability for the period of time the product was sold to California consumers without a warning. The warning must be both on the product packaging and on the wish.com/Wish app product listing page where the product is featured.
Proposition 65 requires warnings for products that contain chemicals known to the State of California to cause cancer and birth defects, or other reproductive harm. Merchants must display the following warnings on both the product/product packaging labeling itself and online in their product listing, IF the products they sell contain chemicals in this list.
Please Note: A California Proposition 65 violation can constitute a violation of Wish’s Merchant Terms of Service and Wish Merchant policies.
•WARNING: Certain foods and beverages contain chemicals that are on the Proposition 65 list because they can cause cancer and/or birth defects or other reproductive harm. Proposition 65 requires businesses to determine if they must provide a warning about exposure to listed chemicals.
•Acrylamide. This chemical is formed in certain plant-based foods during cooking or processing at high temperatures, such as frying, roasting, grilling, and baking.
•The highest amounts of acrylamide can be found in french fries and potato chips.
•Acrylamide can also be found in other fried snack foods, roasted asparagus, canned sweet potatoes and pumpkin, canned black olives, roasted nuts, roasted grain-based coffee substitutes, prune juice, bread crusts and toast, certain breakfast cereals, crackers, cookies, and baked snack foods.
•Bisphenol A (BPA). This chemical is used in some coatings for cans, jar lids, and bottle caps. BPA is also used in some polycarbonate plastic bottles and other food contact items. However, the use of BPA in these items is decreasing.
•BPA can leach into food or beverages from some linings in metal food and drink cans, jar lids, and bottle caps.
•BPA is found in some water bottles, water cooler bottles, dishes and utensils, cookware, food storage containers, and electric kettles. Use of these products can cause the BPA to enter the foods and beverages.
•WARNING: Consuming this product can expose you to chemicals including, which is [are] known to the State of California to cause cancer and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.