Prop 65

Dealers

Prop 65 Notice Cal. Code Regs. tit. 27, § 25600.2 Prop 65, which is a California law enacted as Cal. Health & Safety Code Section 25249.6, part of the Safe Drinking Water and Toxic Enforcement Act of 1986.  Prop 65 is a consumer “right to know” statute.  It requires companies to provide “clear and reasonable” warnings on their product labels and on e-commerce sites before exposing consumers in California to listed chemicals.  New regulations, effective August 30, 2018, require all companies in the supply chain to work together to ensure Prop 65 warnings are delivered to consumers.  This letter outlines measures that we can take together to ensure an effective Prop 65 compliance plan.

What is Bestbath doing to comply with Prop 65?

Bestbath is actively changing its product packaging and labeling to include the warning language required by the new regulations.  Where Bestbath products are sold by the company online, Bestbath is also providing the required warning language prior to checkout.  In most cases the warning will look like this:

Why is Bestbath putting this warning on its products?

Bestbath products contain some chemicals on the Prop 65 list.  These include certain plastics, vinyl and metals which are used in the fittings and components of our products.  The amount of these chemicals in our products is small, but we provide the warning in an abundance of caution.  The reality of Prop 65 is that many companies put the warning on their product for business reasons.  Companies face fines of $2,500 per day per violation for failing to provide the required warning and risk being sued by Prop 65 plaintiffs’ lawyers.  Many Prop 65 cases are without merit, but as they are prohibitively expensive to defend, most companies find it more economical to place the warning on their labels, rather than run the risk of being sued and the cost of defending such a lawsuit.

Which Bestbath products are affected? 

Bestbath manufactured products including single-piece showers, multi-piece showers, tub showers, walk-in-tubs and shower pans and accessories including soap dishes, trim kits, temporary thresholds and WaterStoppers may include Prop 65 chemicals.

Does the Prop 65 warning mean the product is unsafe?

No.  A Prop 65 listing is not a regulatory decision that any particular product or ingredient is safe or unsafe.  Products containing Prop 65 chemicals are not banned for sale.  Bestbath follows strict testing and quality assurance protocols in order to meet all applicable health, safety and environmental standards.

Should we be concerned from a marketing perspective? 

The Bestbath business team does not take lightly the burden of placing the warning on its products.  We have taken into account a number of factors in coming to our decision.  First, the warning is intended to be directed only to California consumers, and California consumers are inundated with Prop 65 warnings on a daily basis – at theme parks, on buildings, on many consumer products.  Second, most of our competitors also provide the warning.  While we are reluctant to apply the warning, we do not feel it puts Bestbath at a competitive disadvantage or will harm our place in the market.

What am I required to do to comply with Prop 65?

Retailers, dealers and distributors are responsible under the new regulations to help ensure that the warning is delivered as required by the regulations.  If you have a brick and mortar store in California, and employ ten or more individuals, you must ensure the warning is prominently displayed on products, the product’s packaging, or on a shelf sign at each point of display of the product.  If you are a web-retailer that sells/ships to California, the warning must be displayed to California customers electronically on the relevant website prior to the purchase as well as on the product packaging.

To assist your compliance, we are including Prop 65 warning labels.

You may either print out the label and apply it to the product (if it is sold unpackaged) or apply it as a shelf sign and place at each point of display of the product.  The labels and signs must be printed in color.  If you need assistance let us know.  If you are a web-retailer, you will need to include the warning language (as shown above) on your website for California buyers either by including the warning or a clearly marked hyperlink using the word “Warning” (in bold) on the product display page for each product, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase.

If you have any questions, please do not hesitate to reach out to us. This is for information purposes only and is not legal advice or direction. Contact a qualified legal professional for legal advice and direction. 11362859_1

Warning Label Available

To assist your compliance, we are providing you with our Prop 65 warning labels.

Suppliers

Prop 65 Notice Cal. Code Regs. tit. 27, § 25600.2 Prop 65, which is a California law enacted as Cal. Health & Safety Code Section 25249.6, part of the Safe Drinking Water and Toxic Enforcement Act of 1986. Prop 65 is a consumer “right to know” statute.  It requires companies to provide “clear and reasonable” warnings on their product labels and on e-commerce sites before exposing consumers in California to listed chemicals.  New regulations, effective August 30, 2018, require all companies in the supply chain to work together to ensure Prop 65 warnings are delivered to consumers. A current list of Prop 65 chemicals can be found at https://oehha.ca.gov/proposition-65/proposition-65-list.  This list includes many chemicals used in bathroom products, such as those commonly used in plastic, vinyl and metal fittings and components. We ask that you disclose to us which of the products you supply to Bestbath that contain any of these chemicals.  Please identify the product, the chemical, and if you have performed lab testing, the results of the testing. Companies face fines of $2,500 per day per violation for failing to provide the required warning and risk being sued by Prop 65 plaintiff lawyers.  As we state above, Prop 65 regulations require us to work together on compliance.  Your prompt disclosure of Prop 65 chemicals in your products will help us provide necessary warnings to consumers and help protect both of our companies against unnecessary lawsuits from Prop 65 plaintiffs. If you have any questions, please do not hesitate to reach out to us. This communication is for information purposes only and is not legal advice or direction. Contact a qualified legal professional for legal advice and direction. 11362859_1