What is Prop 65, and why is it on my Danby packaging?
Why is there a warning label on my Danby appliance?
The state of California requires us to do so. We do it out of an abundance of caution. Danby strives to make the safest products possible so we believe our products are no more toxic than any others in the categories we make.
What is Proposition 65?
Proposition 65 (or Prop 65) was initially passed as a means to address toxic chemicals discharged into water sources or onto land where the substances can pass into drinking water sources. Later it became a method to inform Californian consumers notice that a product contains chemicals that can cause cancer, birth defects, or other reproductive harm. The confusion can sometimes lie in the exposure levels. For example, there is a very low exposure level to a consumer if a power cord contains a toxic chemical in its outer covering. There is no air borne or physical contact transmission. All manufacturers must still make a Prop 65 warning statement on their products even though there is very low significant risk of cancer, or is significantly below levels observed to cause birth defects or other reproductive harm. Products are banned if they contain toxic chemicals in harmful amounts.
Because of the products we manufacture at Danby, that include certain substances in order for them to operate properly, we are required to add this warning label to all of our products. As new chemicals are added to the list, we are aiming to make Danby products safer for all of our customers by using less and less of what is harmful, and substituting them with better substances.
Prop 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
Prop 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 900 chemicals since it was first published in 1987.
Even Disneyland has to post warnings…
What types of chemicals are on the Proposition 65 list?
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. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.
What does a warning mean?
If a warning is placed on a product label, or posted or distributed at a workplace, a business, or in rental housing, the business issuing the warning is aware or believes that it is exposing individuals to one or more listed chemicals.
By law, a warning must be given for listed chemicals unless the exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.
Who administers Proposition 65?
The Office of Environmental Health Hazard Assessment (OEHHA) administers the Prop 65 program. OEHHA, which is part of the California Environmental Protection Agency (CalEPA), determines in many cases whether chemicals meet the scientific and legal requirements for placement on the Prop 65 list, and administers regulations – to service providers and manufacturing businesses, like Danby – that govern warnings and other aspects of Prop 65.
Who enforces Proposition 65?
The California Attorney General’s Office enforces Prop 65. Any district attorney or city attorney (for cities whose population exceeds 750,000) may also enforce Prop 65. In addition, any individual acting in the public interest may enforce Prop 65 by filing a lawsuit against a business alleged to be in violation of this law.
At Danby, we are often asked why all of our products, in every region we sell them, has the Prop 65 label. We do this because it is hard to know exactly where every one of our products will be sold. If someone buys it on Amazon, or any other third party site, it could be shipped to California without us knowing. We’d rather be safe than sorry.
What are the penalties for violating Proposition 65?
Penalties for violating Proposition 65, by failing to provide notices, can be as high as $2,500 per violation, per day.
Where can I get more information on Proposition 65?
Visit the Proposition 65 Warnings website.