California (CA) Prop 65: The Vision Council Member Alert
Eyewear and Accessories Division Breakout
January 28, 2011
WHO Those member companies of The Vision Council whose businesses are physically present in California, or whose products are sold, distributed or stored in California, including sales in California placed via the internet or catalogs.
WHAT Proposition (Prop) 65 (“The Safe Drinking Water and Toxic Enforcement Act”) is a California state law that requires that consumers in California be informed when products they seek to purchase contain substances that have been determined to cause cancer, birth defects or other reproductive harm. It also covers exposures to such substances in the workplace or in the environment. Over the last 12 months, several member companies of The Vision Council have been sued under CA Prop 65.
WHERE All sales of, or exposure to, consumer and workplace products in the entire state of California, except for those businesses with fewer than 10 employees.
WHEN The act has been in place since 1986, with updates in 2003 and a chemical listing that is added to annually. However, in 2010 tort lawyers and consumer advocates have been suing many, some of whom have been our member companies, either for lack of compliance in chemical testing or labeling of their products.
WHY A great many chemicals and other substances are understood to possibly or definitively cause cancers, birth defects/developmental delays, or other health hazards in humans. In this area California, through Prop 65, is promoting the strictest state requirements in the U.S., requiring that consumers be warned of the presence of such substances in products.
HOW Member companies of The Vision Council should confirm that their products do not contain chemical substances on the Prop 65 list or, if they do contain such substances, that the amounts are below any relevant de minimis level for those substances. If not, then a warning must be provided, typically on a label, or in certain circumstances in the retail setting, that constitutes a conspicuous, clear and reasonable warning to the consumer that the product contains a substance(s) determined by California to be carcinogenic or teratogenic. State regulations set out specific language for these warnings.
RESOURCES
Online at www.thevisioncouncil.org (Recordings, Links, Ongoing Documents).
Legal Questions: Rick VanArnam, The Vision Council's Regulatory Affairs Counsel, at or (212) 725-0200.
Technical & Testing Questions: Jeff Endres, Technical Director, at or (703)740-2245.
Regulatory & Legislative Questions: Eve Zartman-Ball, Sr. Director Public Affairs & Advocacy, at or 703-740-2250.
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