California Proposition 65
Title:FREQUENTLY ASKED QUESTIONS
Subtitle:You might have noticed the following warning we place on our product packaging and wondered what it is all about: “WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov”. Here are some frequently asked questions to help explain the warning and why we, like most companies doing business in California, are required to provide the warning.
WHAT IS CALIFORNIA PROPOSITION 65?
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more generally referred to as “Proposition 65” or “Prop 65,” is a law unique to California. The law requires all businesses doing business in California to provide warnings if a product contains any of the more than 935 naturally occurring or synthetic chemicals that the State of California has determined to cause cancer or reproductive harm. The warning signs and labels are meant to warn consumers of possible exposure before they frequent an establishment or purchase a product.
As a result, Californians regularly and routinely see this warning label on all types of products including on foods, drinks, supplements, medications, household products/furniture, outdoor products, clothing, accessories, and in all kinds of places including restaurants, hotels, grocery stores, schools and hospitals. Because determining “exposure” and the level to which such exposure may exist is a very complex process, the burden of proof required of businesses seeking to be exempt from providing a warning is quite onerous. Therefore, many businesses simply elect to provide a warning based on the possible presence of one or more listed chemicals without evaluating exposure. As such, the actual level of exposure, if any, from the product may be below the “no significant risk” level established by the law.
WHY HAS SWAROVSKI PLACED A PROPOSITION 65 WARNING ON ITS PRODUCTS?
A Proposition 65 warning means one of two things: (1) the business has evaluated the exposure and has concluded that it exceeds the “no significant risk” level; or (2) the business has chosen to provide a warning simply based on its knowledge about the presence of a listed chemical without attempting to evaluate the level of exposure. Swarovski is providing a warning based on our knowledge about the presence of one or more listed chemicals without attempting to evaluate the level of exposure. The exposure level for the chemicals contained in Swarovski products may be well within the “no significant risk” range, however, out of an abundance of caution, Swarovski has elected to place the Proposition 65 warning on its products.
ARE PRODUCTS WITH THIS LABEL SAFE TO USE?
Yes, Swarovski’s products are safe to use and wear. Our products meet federal and state laws (including California) for safety and restricted substances. Even the regulatory office, CA’s Office of Environmental Health Hazard Assessment (OEHHA), for Proposition 65 states on its website: just because there is a Prop 65 warning on a product, that does not necessarily mean a product is in violation of any product-safety standards or requirements. All Swarovski products are safe and meet federal regulatory standards for jewelry.
I PURCHASED THIS PRODUCT OUTSIDE OF CALIFORNIA, WHY ARE YOU PROVIDING THE PROPOSITION 65 WARNING TO ME?
Swarovski’s products are sold throughout the US. From a practical standpoint, due to the nature of how Swarovski distributes its products across the country, we cannot predict which exact product may end up being sold to someone in California, therefore, we place the warning on all of our products for some distribution channels. That said, consumers in all states may see the Prop 65 warning on our product packaging.
WHERE CAN I GET MORE INFORMATION?
For general information on California Proposition 65 and the list of chemicals, please visit OEHHA’s website at: https://oehha.ca.gov/proposition-65 and https://oehha.ca.gov/proposition-65/proposition-65-faqs.