PROPOSITION 65 FAQs

What is Proposition 65?

Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted in the State of California in 1986. Under Proposition 65, the State of California is required to publish a list of chemicals which the State has identified as causing cancer or birth defects or other reproductive harm. This list, which is updated once per year, has grown to include more than 900 chemicals. You can view the complete list of chemicals here.

Does Proposition 65 apply to consumer products?

Yes, Proposition 65 applies to products sold or offered for sale to consumers in California and which contain any of the chemicals identified by California. Since AXEON Water Technologies customers re-sell or distribute AXEON products, AXEON cannot reasonably determine whether its products will be sold to consumers in California. Therefore, AXEON labels its products in accordance with Proposition 65.

What requirements does Proposition 65 place on businesses that offer goods for sale in California?

Under 27 CCR § 25600, businesses must provide a “clear and reasonable” warning of the presence of certain chemicals in products that are sold or offered for sale in California. AXEON uses the warning required by the Proposition 65 regulation for consumer product labels. Depending on the product information or other warnings appearing on the product label, the warning may be translated into different languages.

What amendments were made to Proposition 65?

In August 2016, the California Office of Environmental Health Hazard Assessment adopted amended regulations for the provision of “clear and reasonable” Proposition 65 warnings. Among other things, the 2018 amended regulation sets out new methods for businesses to provide Proposition 65 warnings. For example, the warning may now appear on the product label or its immediate packaging. Each warning method has different requirements, including content and prominence of the warning. A further description of amendments to Proposition 65 can be found by visiting their website.

I purchased an AXEON product before the 2018 amended regulation took effect, but neither my product nor its packaging contains a warning. Why is there no warning?

Product manufactured before August 30, 2018 does not need to comply with the amended regulation, which requires, among other things, on-product warning requirements.

Why is the Proposition 65 warning on an AXEON product?

AXEON has implemented a program to provide product warnings on its products in conformity with § 25603(b), as amended. The Proposition 65 chemical list published by the State of California includes approximately 900+ chemicals, including some chemicals commonly found in household products, such as Vinyl chloride, which is known to the State of California to cause cancer. Therefore, in order to comply with the “clear and reasonable” warning requirement of § 25603, AXEON places the warning on its products.

Does a Prop 65 warning equal unsafe?

No. Prop 65 is far more stringent than FDA and EU standards. Prop 65 Warnings are required for even tiny levels of these natural substances – sometimes 1000 times less than the minimum safe dose established by health authorities. A Prop 65 warning does not automatically mean that the product is unsafe.

Where can I find more information about Proposition 65?

The California Office of Environmental Health Hazard Assessment’s website offers more detailed information on Proposition 65, including their published chemical list, which can be found by visiting: http://www.oehha.ca.gov/prop65.html. You may also contact OEHHA’s Proposition 65 office by phone at +1(916)445-6900 or by email at P65.Questions@oehha.ca.gov.