California Proposition 65

What is Proposition 65 (Prop 65)?

• Proposition 65 requires “clear and reasonable” warnings about exposures to certain chemicals that California has determined cause cancer, birth defects or other reproductive harm. Products containing one or more Proposition 65 chemicals identified by California must be sold with a compliant on-product warning (i.e., on the product’s packaging for a packaged product, or otherwise affixed to the product for products that are not contained within packaging).

What are the new requirements?

• The new regulations include changes to listed chemicals and specific requirements for how warnings required for products containing identified chemicals must be provided. Your product may now need a Proposition 65 warning, even if a warning was not previously required. Your products that already have Proposition 65 warnings will need updated warnings to be compliant with the new requirements. The new regulations provide detailed specifications for how warnings must be provided on products.

Where can I find additional information?

• The following are resources prepared by California regulators that you can use to learn more about Proposition 65 and the new warning requirements.
• Summary of Proposition 65 requirements
• Information on clear and reasonable notice requirements adopted in 2016 rulemaking
• Information about chemicals and substances regulated by Proposition 65
• Links to the statutory and regulatory text for Proposition 65

What are Tanga’s expectations?

We will rely on your substantial product expertise to identify products that fall under Proposition 65’s requirements. As a retailer, we will not determine if a warning is or is not needed for your products.

• We require that you will review the list of chemicals identified by the state of California to cause cancer, reproductive harm, or both, and make a determination about whether the products you provide to us must include a Proposition 65 warning or are otherwise impacted by the new regulatory requirements.
• We require you to correctly label all of your products (and/or packaging) with the warning information required by Proposition 65. If your product contains chemicals triggering Proposition 65 warning requirements, you will be responsible for providing an on-product warning that complies with Proposition 65 for those products.
• Since all of our products are sold in, or into California via our online or mobile channels, you are expected to provide us with updated information about your products related to Proposition 65 requirements. This likely means new fields to update in product data information.

Are there product testing companies?

• If your company needs assistance with product testing, we recommend contacting a consultant with relevant Proposition 65 experience.

What is the deadline to have products and data compliant with the new regulations?

• As the new regulations are already effective, please complete required warning updates on your packaging as soon as possible.

What will happen if my products do not have the required warning under Prop 65?

• Consistent with our existing vendor agreements, if we receive notice of an alleged Proposition 65 violation concerning your product(s), we will forward that information to you and you will be required to resolve all allegations and fully reimburse us for any loss, including attorney’s fees associated with the alleged violation.
• Online product(s) will be removed from sale until you provide compliant product data for display online, provide product(s) with the required warning and resolve the alleged violation.

Who should I contact if I have any questions?

• You should consult your product compliance or quality assurance staff or legal personnel if you have questions concerning the applicability of requirements necessary for adherence with Proposition 65 for your products. Tanga will not provide legal guidance or recommendations.