RubberForm California Proposition 65 Compliance Statement
What is Prop 65?
Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) was enacted by the State of California to protect consumers. It requires businesses to provide “clear and reasonable” warnings before exposing individuals in California to chemicals known to cause cancer, birth defects, or other reproductive harm.
The California Office of Environmental Health Hazard Assessment (OEHHA) maintains and updates the full list of chemicals: Prop 65 Law and Regulations.
Warning Requirements
Proposition 65 warnings were originally only required on products or packaging. Since August 30, 2018, businesses must also provide “pre-purchase warnings” on catalogs, websites, and other sales materials so that California consumers see the warning before buying.
Effective January 1, 2025, amendments to the regulations require that even short-form warnings must identify at least one listed chemical for each toxicological endpoint (cancer and/or reproductive harm). Products manufactured on or after January 1, 2028 must comply fully with this new format.
For internet sales, the warning must appear on the product display page or via a prominently marked hyperlink using the words “WARNING,” “CA WARNING,” or “CALIFORNIA WARNING.”
RubberForm’s Commitment
RubberForm Recycled Products, LLC complies with Proposition 65 by:
- Providing all required product labeling with the appropriate warning language.
- Displaying warnings on our website product pages and in all printed catalogs and publications.
- Identifying the specific chemical(s) that trigger the warning, as required by the current regulations.
- Updating our warnings as OEHHA modifies its chemical list or safe harbor levels.
Example warning (product-specific):
⚠️ WARNING: This product can expose you to chemicals including [chemical name, e.g., lead], which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, visit www.P65Warnings.ca.gov.
Responsibilities of Resellers, Distributors, and Contractors
As a condition of distributing RubberForm products, all resellers, distributors, contractors, and other sellers agree to the following:
- You acknowledge receipt of this Prop 65 notice and act as an authorized agent for retail sellers to whom you distribute RubberForm products.
- You agree to provide the Prop 65 warnings supplied by RubberForm to every retail seller or downstream entity that sells RubberForm products.
- You must ensure that warnings are displayed to consumers prior to purchase, including on product display pages for online sales.
- You agree to indemnify and hold harmless RubberForm Recycled Products, LLC from any claims, penalties, damages, or legal costs resulting from your failure—or the failure of your downstream sellers—to properly provide or display the required Prop 65 warnings.
Penalties for Non-Compliance
Failure to comply with Proposition 65 may result in significant civil penalties of up to $2,500 per violation per day. Each sale into California without a proper warning may be considered a separate violation. In addition, non-compliance may expose sellers to private lawsuits, settlement obligations, and injunctive relief.
Confirmation Requirement
RubberForm requires written or electronic confirmation of receipt of this notice. Without such confirmation, we may be unable to ship products for sale into California.
Additional Information
For more information on Proposition 65 and its requirements, visit:
https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations
For questions regarding RubberForm’s compliance program, contact us at:
📧 prop65@RubberForm.com
