California Proposition 65
PROPOSITION 65 WARNING EXPLANATION
Alcon USA and DFS apply warning labels either on our product(s), the packaging containing our product(s) regarding CA Prop 65 and our websites and eCommerce platform. This warning is part of our effort to comply with the California Safe Drinking Water and Toxic Enforcement Act of 1986 (known as “Proposition 65”). The warning does not mean that our products will necessarily cause cancer, birth defects, or other reproductive harm. While we believe our products are not harmful when used as designed, and we rely on our suppliers to help with this effort, we also provide these warnings to comply with Proposition 65.
What is California Proposition 65?
AS noted, Proposition 65 was originally enacted in 1986 and applies to any company that operates in California, sells or markets products to California consumers, or manufactures products that may be sold in or brought into California. Proposition 65 requires warnings to accompany any product that contains or may contain any of the chemicals appearing on the list administered by California’s Office of Environmental Health Hazard Assessment (OEHHA), a part of the California Environmental Protection Agency. The current list can be found here: https://oehha.ca.gov/proposition-65/proposition-65-list
What This Means To You
While the proposition was created to protect drinking water sources from chemical contamination, the scope of the law has expanded over the years. It now includes over 1,000 chemicals and also pertains to (but is not limited to) exposure through touch, inhalation, ingestion, or skin contact.
While there remain many questions about the level of exposure standard imposed by Prop 65; one one-thousandth of the level considered potentially harmful for any particular listed chemical; vs. the EU REACH SVHC standard at .1% of a product’s chemical make-up, the law is continuously cited in third party lawsuits.
The Prop 65 warning can now be found on products that may contain a trace amount of any of the over 1,000 chemicals or ingredients that the OEHHA lists as a carcinogen or reproductive toxicant. This includes compounds that are used in everyday life like steel, aluminum, vinyl, coatings, plastics, and much more.
Why has Alcon USA and DFS decided to provide a warning?
Proposition 65 imposes strict penalties for noncompliance. While California establishes “safe harbor numbers” for listed chemicals, the costs of individually testing products that Alcon USA and DFS sells and distributes is prohibitive (particularly when the list of chemicals is so expansive and subject to change on an annual basis).
As a result of the steep penalties and because there is no penalty for providing an unnecessary warning, Alcon USA and DFS (like many other companies doing business in California) decided to provide this Proposition 65 notice out of an abundance of caution.
WARNING: This product can expose you to chemicals including Chromium, Lead, Lead Compounds, Nickel (Metallic), Nickel Compounds, Diisonyl and Di(2-ethylhexyl) Phthalates (DEHP)(DINP) which are known to the State of California to cause cancer or birth defects or other reproductive harm. For more information, visit https://www.p65warnings.ca.gov/
For more information about Proposition 65 we suggest that you visit: