California Proposition 65 Q & A

What is California Proposition 65?

In 1986, the voters of California passed Proposition 65, the Safe Drinking Water and Toxic Enforcement Act [Title 22, California Code of Regulation]. This law applies to virtually all products sold or distributed within the State of California.

“Prop 65” was enacted to help prevent contamination of water sources, assist California consumers make informed choices about products, and enable residents and workers to protect themselves from exposures to certain chemicals and substances. The law requires the Governor of California to publish a list of substances that are known to the State of California to cause cancer, birth defects or other reproductive harm. The list is updated at least once a year.

California is the only state to have enacted such an initiative. Prop 65 does not ban the sale or use of any product. It provides that persons doing business in California may not expose residents of California to chemicals known to cause cancer or reproductive toxicity without first giving clear and reasonable warning.

What kinds of chemicals are on the Proposition 65 List of Chemicals?

Chemicals on the list are those “known to the state” [of California] to cause cancer, birth defects or other reproductive harm. The list is updated at least once a year.

Agents that can cause cancer are called carcinogens; those that can cause birth defects are termed reproductive toxicants.

The list of chemicals contains a wide range of substances, many of which are naturally or commonly occurring in the environment. They can be found in many natural products, including foods and cosmetics. The list of chemicals also includes dyes, solvents, pesticides, drugs, food additives and by-products of certain processes. These chemicals may be either naturally occurring or synthetic. Some are ingredients of common every day items and household products, others are specialty chemicals used in very specific industrial applications such as welding and some are byproducts of chemical processes such as motor vehicle exhaust. Currently, there are more than 700 chemicals on the “Proposition 65 List of Chemicals”.

How does a chemical get listed?

The State of California relies on information that already exists in scientific literature when determining the threat of a chemical. Chemicals are also listed if the “state’s qualified experts” -  two independent committees of scientists and health professionals appointed by the Governor.

How are California residents warned about possible exposure?

Companies doing business in the State of California are (1) prohibited from knowingly discharging listed chemicals into sources of drinking water, and (2) required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical. The warning can be provided in a variety of ways, such as labeling a product, posting signs at the workplace or publishing notices.

What does “Prop 65” require of companies doing business in California?

Any company with 10 or more employees that operates within the State or sells products in California must comply with the requirements of “Prop 65”.

All companies that operate in California, sell products in California or manufacture products that may be sold in or brought into California, are subject to and must comply with the requirements of “Prop 65”.  The requirements apply to virtually all products sold or distributed in California.

How does California Prop 65 impact Laerdal’s products and customers? 

Although the Prop 65 warning is only required for products sold in California or distributed into the state, Laerdal is committed to improve patient survival by not only providing the finest in therapeutic and training products, but in keeping its customers informed of important regulatory and compliance issues.

Does Laerdal comply with the requirements of “Prop 65”?

Yes! Laerdal supports the State of California’s efforts to inform its residents about exposure to chemicals that are or may be present in the products sold or distributed into the state.
         
What does Laerdal’s “Prop 65”warning label say?

In compliance with State of California requirements, Laerdal places a warning label on its products. Laerdal’s warning statement reads:

• Important information for users of Laerdal products in the State of California:
  WARNING: This product contains/may contain chemicals known to the State of California to  cause cancer or birth defects or other reproductive harm.

NOTE: When a business is not able to communicate directly with the persons who may actually use its products and become exposed to the listed chemicals, the actual supplier of the products to those persons/users has the independent duty to provide warning information to those persons.

Does the "Prop 65" warning apply to all Laerdal products?

Yes.

Why do “Prop 65” warning labels appear on all Laerdal products instead of only those products sold into the state of California?

Proposition 65 states that if a product is purchased or sold outside the State of California without a Prop 65 warning label and it is subsequently brought into the state, the unlabeled product would be in violation of the regulation. Consequently, Laerdal has elected to place warning labels on all its products.

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To learn more about the law, obtain a summary of Proposition 65 and/or review the State’s list of chemicals, you may contact the Proposition 65 Program at (916) 445-6900 or visit the Website of California’s Office of Environmental Health Hazard Assessment (OEHHA) at www.oehha.ca.gov/prop65.html