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Proposition 65 (Prop 65)

Enacted by the State of California in 1986, as the Safe Drinking Water and Toxic Enforcement Act. Voters passed the proposition in response to growing concern about chemicals entering the environment and drinking water supplies.
Prop 65 requires companies to provide “clear and reasonable” warnings to consumers if their products contain a chemical, or chemicals, determined by the State of California to cause cancer, birth defects or other reproductive harm and/or reproductive toxicity. Many of these chemicals may be naturally present in the environment, for example, trace amounts found in soil. Prop 65 is among the strictest reporting laws in the nation.

Over 900 chemicals are currently listed under Prop 65, and the presence of these low chemical levels require warnings only. Prop 65 does not ban the sale or use of any product for health or safety reasons.

The Prop 65 Warning

The State of California has identified the following warnings to be clear and reasonable for consumer product protection:

"WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm."

"WARNING: Cancer and Reproductive Harm www.P65Warnings.ca.gov"

Products that Require the Prop 65 Warning

Consumer products distributed or sold in California to consumers are subject to Prop 65 warning requirements. The law also covers warnings for environmental and workplace exposures to listed chemicals. Prop 65 warnings are required for products containing amounts of chemicals that exceed the State of California’s daily exposure thresholds, based on average consumption.

Chemicals that are subject to Prop 65 Warning

Under Prop 65, the State of California is required to maintain a list of chemicals that it identifies as carcinogens or reproductive toxicants. The current list of over 900 chemicals is routinely updated as chemicals are added or deleted.

The current list can be found at https://oehha.ca.gov/proposition-65/proposition-65-list

Darby Products

If you have lived in the state of California, you know that these warnings are very common. They are found nearly everywhere. They are a requirement for nearly any organization that wants to do business in California, and Darby is no different. Because Darby seeks to comply with the strictest regulations of quality, Darby has voluntarily chosen to include Prop 65 warnings on products sold.

Chemical Origins

Many common ingredients and minerals, like calcium can contain levels of Prop 65-listed chemicals. These may include lead and other heavy metals, which are widely distributed through soil, the air, water, and in food.

Levels of Prop 65-listed Chemicals that Trigger a Warning Label

The State of California’s threshold limits are very strict. For carcinogens, anything above the “No Significant Risk Level” requires a label. This is the level of exposure that would result in one case of cancer in 100,000 individuals, who would be hypothetically exposed to high doses of the chemical every day over their lifetime.

Learn more about these levels here.

Darby is Compliant with Federal Safety Guidelines

Darby takes pride in being fully compliant with all federal guidelines for product safety, including those guidelines established by the Food and Drug Administration (FDA). The warning thresholds identified by Prop 65 are often drastically lower than any federal guideline.

More Information about Prop 65

Visit the Proposition 65 website at www.oehha.ca.gov/prop65.html (maintained by the State of California), or call (916) 445-6900

While Darby supports Proposition 65, it is important to remember that this is a “right to know” statute, and that the inclusion of a warning does not mean that a product is necessarily unsafe.

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