CALIFORNIA PROPOSITION 65 WARNING Q&A
1. What is California Proposition 65 (Proposition 65)?
Proposition 65 (formally titled The Safe Drinking Water and Toxic Enforcement Act of 1986) is a California law that was passed by direct voter initiative in 1986. Proposition 65 applies to any company that creates an exposure to a listed chemical “in the course of doing business” in California, as that phrase is defined by the statute.
Proposition 65 requires warnings to accompany any product that create exposures to any of 800+ chemicals appearing on the Proposition 65 list. Proposition 65 is administered by California's Office of Environmental Health Hazard Assessment (OEHHA), a part of the California Environmental Protection Agency.
Many of the chemicals listed under Proposition 65 have been routinely used in everyday consumer items for years without documented harm. These items include but are not limited to: plastic water bottles, PVC pipes used in plumbing, heavy metals that occur in nature, scuba gear, and thermoplastic elastomer coated wires, cables, and power cords. On rare occasions, listed chemicals are even "delisted" if new science shows that they do not cause the harm for which they were listed. New chemicals are also added to the list on a regular basis.
2. What are these warnings?
- ⚠️WARNING: This product can expose you to chemicals including chloroprene, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.
- ⚠️WARNING: This product can expose you to chemicals including vinyl chloride, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov
- ⚠️WARNING: This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
3. What Products Have Warnings?
These warnings can be found on the following TNT Pro Series fitness related Products: Loop Bands, Stretch Bands, Sauna Suits & Neoprene-Based Trimmers.
4. Why Do These Products Have Warnings?
Our Trimmers are made of Neoprene. Neoprene is made using Chloroprene, which can be found on the Proposition 65 List. Neoprene has been used for years in making wetsuits, orthopedic medical braces, as well as clothing.
Some of our Performance Fitness-Related products contain PVC Plastic. Vinyl Chloride is used in making PVC Plastic. PVC Plastic has been used for years in many different industries--including in plumbing used for to supply water for consumption, washing, and irrigation.
Some of our Performance Fitness-Related products contain plastic which may contain Di(2-ethylhexyl)phthalate (DEHP). Plastic that contains DEHP has been used for years in many different industries--specifically in the medical industry where it’s used for many different life-saving, medical devices.
All TNT Pro Series Fitness-Related Products are for external use only and are not to be consumed. Please consult with a qualified healthcare professional if you have any concerns about using these products.
Because these products contain listed chemicals, Proposition 65 requires that they carry these warnings. Proposition 65 is meant to notify individuals in California of exposures to Prop 65-listed chemicals so that consumers can make informed decisions about their overall chemical exposure from all the products they use. Prop 65 does not identify dangerous or harmful products.
Proposition 65 does not ban the sale of any products containing these chemicals; it only requires warnings.
5. Does This Law Apply Everywhere?
No. Proposition 65 Warnings are only required under California law.
6. What Kinds Of Substances Require Warnings?
Proposition 65 addresses chemicals that the State of California has determined cause cancer or birth defects or other reproductive harm at some level, even if these things occur only with very high exposures, or very rarely. Over 800 chemicals have been listed under California Proposition 65, and the list continues to grow. You can read more at: www.P65Warnings.ca.gov.
7. Should I Be Concerned?
Not necessarily, but you should always be aware of all product warnings. Proposition 65 is meant as a tool to assist you in assessing your overall exposure to chemicals from all sources, so the presence of a Proposition 65 warning does not mean that a product is dangerous.
Proposition 65 standards for warnings are often very stringent.
Ultimately, it’s good to keep in mind that a Proposition 65 warning does not mean the product is unsafe. All TNT Pro Series products comply with applicable laws, are third-party tested, and sourced from industry-leading, reputable manufacturers.
8. How Do The California Warnings Compare To Federal & International Limits?
California product label warning requirements are not the same as federal and international safety standards/requirements. Proposition 65 serves a different purpose from many other requirements, covers different chemicals, and sets different exposure thresholds. Proposition 65 standards for warnings are often very stringent. This can cause confusion for consumers regarding products sold in California, and what is required elsewhere in the U.S.A., as well as the rest of the world. Our products also comply with all applicable federal laws, and the laws of other jurisdictions where they are sold.
9. Summary
Proposition 65 warnings are seen throughout California in a wide range of settings, including but not limited to: coffee shops, health food stores, restaurants, grocery stores, schools, hospitals, hotels, gas stations, parking garages, and on a wide variety of consumer products.
In addition, as of August 30, 2018, internet and mail-order retailers are required to provide Proposition 65 warnings on their websites or in catalogs if they sell products that create exposures to listed chemicals.
For more information go to www.P65Warnings.ca.gov. As always, if you are concerned, we would encourage you to consult with a qualified healthcare professional in regards to using these products.