Answer
Jul 06, 2022 - 02:29 AM
Courtesy: Pexels.com
California has always been an economic powerhouse in the country. The state boasts the largest economy and population in the United States, and so far, it's been the perfect hub for mega-corporations and eCommerce brands.
But with so many businesses in California, the state had to enact measures that'd ensure maximum safety for its environment and citizens, and in doing that, they introduced Proposition 65.
Proposition 65, also known as the “Safe Drinking Water and Toxic Enforcement Act of 1986,” focuses on protecting Californians from over 900 chemicals known to cause cancer, birth defects, or other reproductive harms.
Now, understand that the law doesn’t prohibit selling these chemicals but requires businesses to provide a “clear and reasonable” warning label if any of their products contain the chemicals beyond the “safe harbor level.” Also, it’s worth noting that the law only applies to companies with over ten employees.
The chemicals listed in the CA-Prop 65 are some of the most useful in manufacturing essential commodities like furniture, clothes, building materials, bags, accessories, household appliances, and even juvenile products.
And because of its importance to the market—and the heavy penalty of $2,500 per day for each non-compliant product—the Attorney General’s Office, DA, city attorneys, individuals, and private attorneys are all heavily interested in these types of cases.
Surprisingly, between 2010 and 2017, businesses were said to have spent $182.1million settling Proposition 65 lawsuits. And this figure doesn’t include the amount paid from cases that ended in court.
Keeping customers aware and communicating the risk of harmful chemicals is vital for brands wanting to comply with Prop 65. You must post warnings on your product catalogs and websites. The warnings posted on the catalog must be done so that it’s obvious that it’s associated with the product being sold.
The website warnings must be posted on the same page the product is being sold on; if not, it should at least be communicated before the customer finalizes their purchase.
Courtesy: revenueriver.co
And suppose you’re an eCommerce merchant that manufactures their own product and employs over ten persons. In that case, you must provide detailed information on the potential chemical risk of your product to your customers or retailers.
If you’re not sure your product contains these harmful chemicals, then you should contract the services of a testing lab and have them identify if these chemicals are present in your products and if they’re above the safe harbor level. Once you’ve done this, you’re expected to attach the label above to your products.
Complying with the CA Prop 65 requires time and money. Of course, there’s the option of ignoring the state altogether and slapping the label: “Not for Sale in California.”
But if you want to sell your products in California, then there's really no other way around this law. And just like we said, the penalty for violating Proposition 65 is very expensive.
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