PROPOSITION 65 WARNING
WHAT IS THE PROP 65 WARNING I FOUND ON MY PRODUCT PACKAGING?
Unless you live in California, you might not expect to see this warning when purchasing a music accessory. This warning is necessary due to a California law, referred to as the “California Safe Drinking Water and Toxic Enforcement Act of 1986,” or more generally as “Proposition 65.” The law was meant to inform consumers that products may contain even trace amounts of listed chemicals designated by California to cause cancer or reproductive harm.
The warning is specifically for California residents, and if you live in the state of California you will find this warning on many items in your home, restaurants, and even theme parks. If you live outside of California, you may see this warning from any national retailer on their websites, or on product packaging in stores.
WHY DOES APM INCLUDE THIS WARNING?
APM strives to comply with all applicable laws, including Proposition 65. Not all of the listed chemicals provide exposure limit requirements. With APM's products, the exposure may be negligible or well within the “no significant risk” range defined in Proposition 65. However, out of an abundance of caution, APM has elected to provide the Proposition 65 warnings.
Proposition 65 requires that the warning be given when a product contains or may contain certain naturally occurring or synthetic chemicals designated by the State, even if only in extremely low, trace amounts, and even if they do not make the product unsafe. There are over 1,000 chemicals listed.
A Proposition 65 warning does not necessarily mean a product is in violation of any product safety standards or requirements. The California government has stated: "The fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe. You could think of Proposition 65 more as a 'right to know' law than a pure product safety law." April 2012, CA Office of Environmental Health Hazard Assessment.
I PURCHASED THIS PRODUCT OUTSIDE OF CALIFORNIA – WHY IS IT INCLUDED?
Our products are sold internationally. It would be extremely difficult and costly to determine which products will ultimately be sold or brought into California. Therefore, to ensure compliance with Proposition 65 requirements, we have decided to include these warnings on all of our products, regardless of destination.
WHAT IS PROPOSITION 65?
Proposition 65 is broad law that applies to any company operating in California, selling products in California, or manufacturing products that may be sold in or brought into California. It mandates that the Governor of California, through the California Office of Environmental Health Hazard Assessment (OEHHA) maintain and publish a list of chemicals that are known to cause cancer, birth defects and/or other reproductive harm. The list, which must be updated at least annually, includes a wide variety of chemicals that can be found in many everyday items, such as dyes, solvents, drugs, food-additives, by-products of certain processes, pesticides, and tobacco products. The purpose of Proposition 65 is to ensure that people are informed about exposure to these chemicals.
The penalties for not complying with Proposition 65 are high. As a result of the potential penalties and because there is no penalty for providing an unnecessary warning, APM, as well as many other manufacturers, have elected to provide the Proposition 65 notice out of an abundance of caution in order to avoid the potential for liability.