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CALIFORNIA PROPOSITION 65 TOXIC ENFORCEMENT ACT

CONSUMER GUIDE & FAQ


What is a California Prop 65 warning?

  • These warnings are required by California labeling law Proposition 65 (or Prop 65 for short), which is meant to notify individuals in California of exposures to Prop 65-listed chemicals. Prop 65 is a right-to-know law; it does not ban the sale of any products containing these chemicals; it only requires warnings.


What does Proposition 65 require?

  • First, it requires the Governor of California to publish a list of chemicals and materials that are known to the State of California to cause cancer, birth defects, or other reproductive harm. Over 900 chemicals and materials, including many metals and plastics, have been listed as of January 2018. Second, it requires manufacturers whose products contain one or more of these materials to provide a “clear and reasonable” warning before exposing anyone to a listed material This warning can be given by labeling a product as one example.


Why does the product I’ve bought contain a Warning?

  • California Proposition 65 entitles California consumers to special warnings for products that contain chemicals determined by the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above a certain level set by California.


Why is this label included on Frogg toggs products that I purchased outside of California?

  • Frogg toggs products are sold nationwide throughout North America. In order to ensure compliance with Proposition 65 requirements, it was decided to include these labels on applicable products regardless of where they are purchased or sold.


What is the purpose of a Proposition 65 warning?

  • The purpose of Proposition 65 is to notify consumers that they are being exposed to chemicals that are determined by California to cause cancer and/or reproductive toxicity. Consumers can decide on their own if they want to purchase or use the product. A Proposition 65 warning does not necessarily mean a product is in violation of any product-safety standard, law or regulation.


What kinds of substances require warnings?

  • Over 900 chemicals have been listed under California Prop 65. The list contains a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Certain listed chemicals, such as lead, are widely distributed through the environment in air, soil, water, and rocks. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.


Is the product safe?

  • We emphasize that a Proposition 65 warning does not necessarily mean a product is in violation of any product-safety standards or requirements. All frogg toggs products meet federal regulatory standards. Some products may contain one or more listed chemicals that, by California standards may present a risk of cancer and/or reproductive toxicity, if exposure levels to an individual are high. The Warning is provided to allow consumers to assess their individual risk.


Should I be concerned?

  • You should always be aware and take heed of all product warnings, but also always do research of your own. For Prop 65 reproductive toxicants, the level for warnings is 1000 times lower than the lowest level at which animal studies reported no reproductive health effect. A Prop 65 warning does not automatically mean that the product is unsafe.


What about similar products with no warning labels?

  • You can’t assume that products without warning labels are chemical free or exempt from the Prop 65 warning requirement. It’s possible that the product isn’t sold in California – the only state that requires this warning label. And some companies only put the labels on products that will be sold in California, so you won’t see them unless you buy the product there. Finally, older products sold prior to when the labeling requirement went into effect, may also contain the listed chemical(s).


Where can I get more information?