California Proposition 65
In the State of California there exists what is referred to as “Proposition 65”. Proposition 65 is the California Safe Drinking Water and Toxic Enforcement Act of 1986. Any company that operates in California, sells products in California, or manufactures products that may be sold in or brought into California is subject to Proposition 65. Since our products are sold in California, Proposition 65 applies to us.
Proposition 65 requires warning labels on any product that may contain any of 600-plus elements that the California Air Resources Board considers a carcinogen or a reproductive toxicant. These elements include lead, PVC, Diesel Fuel, multitude of other everyday elements.
Many of the elements listed under Proposition 65 are common everyday items. Many of the elements are not used in the chair industry but would require very expensive testing to prove they are not in our chairs. The elements keep changing and are periodically updated. Elements are added to the list, some elements are removed. It is excessively difficult to keep track of the changing list of elements.
There are penalties for not complying with Proposition 65. Failure to label products may result in a civil penalty of $2500 per day. If a company’s product is sold or is purchased outside the State of California and brought into California, the company may still be found in violation.
Various trade organizations have issued notices to manufacturers warning of Proposition 65 and its implications. Included in the warnings were suggested methods of protection from Proposition 65 litigation and violations. Protection requires warning consumers about the possibility of dangers from products. A warning label as the one we use is considered to comply with warning consumers.
The State of California requires that the foam in our chair pass California 117 fire code. In order to comply with this fire retardant requirement some of the additives used in some of the foam are elements that are on the list.
The label does not necessarily indicate our products will cause you to contract cancer or reproductive harm if used as designed. In fact many of our chairs at this point do not have any known problems. Since the list of elements can be applied retroactively we have no choice but to put a label on all our items.
If you have specific questions on a specific chair we would be happy to answer you questions. Please contact us at firstname.lastname@example.org
For more information about Proposition 65 visit the Office of Environmental Health Hazard Assessment for a list of elements listed under Proposition 65.