California Proposition 65
What is this warning about?
This warning is the result of a unique law passed in California in 1986 called “Proposition 65.” Proposition 65 requires a warning to be included with any product sold in California that may contain any of the 900-plus chemicals that State of California regulators (as opposed to federal and other state regulators) consider harmful. As explained below, failure to provide a warning can result in significant costs and penalties in California.
Are products with this label safe to use?
Yes, Newair products are safe to use as instructed. Our products meet federal and state laws (including California’s) for safety and restricted substances. A Proposition 65 warning is a notification that a product may include a substance on California’s Proposition 65 list. The list is broad, subject to change, and contains substances that are found in products, sold and purchased in California, that are used or consumed in everyday living. For example, warnings have been required for coffee, vinegar, and fish, in addition to many other commonly-used products.
I purchased this product outside of California. Why are you showing this message to me?
Newair products are sold throughout the U.S. to retailers with national distribution. Each distribution warehouse can and does serve multiple states, including California. To avoid the potential Proposition 65 costs and penalties if a product without a warning is brought into California, we decided to include these warnings, regardless of origin of purchase.
If this product is safe, why does Newair include this warning?
For purposes of Proposition 65, the fact that the product meets federal and state safety standards is irrelevant. If there is even a trace amount of a Proposition 65 chemical in the product, it is up to the manufacturer to prove that the amount falls below California’s minimum exposure level. What constitutes “exposure” is poorly defined and the decision is often left to the courts. For a manufacturer, the legal fees to contest a Proposition 65 case are significant. Because providing a warning removes all of these potential costs and litigation risks, Newair and many other manufacturers have opted to provide the Proposition 65 warning.
Doesn't the state of California require evidence of harm to humans prior to posting chemicals on the Proposition 65 list?
No. In fact, California regulators require no evidence of harm or even likelihood of harm to humans prior to placing a chemical on the Proposition 65 list. Instead, evidence from animal testing has been deemed sufficient, even when those tests on animals are conducted with outlandish dosages.
Can a chemical be on the Proposition 65 even if it is considered to be safe by the FDA and EPA?
Yes. There are a variety of examples of products that have been deemed safe by the FDA and/or EPA that are on the California Proposition 65 list. The FDA & EPA have done studies with humans and deemed products safe, but based on the animal testing and extremely high doses, those same products are still listed on California’s Proposition 65 list.
In summary, we believe that Newair products are safe to use and enjoy. Should you have questions about any of our products, please contact our customer service deparment.