PROPOSITION 65 WARNING EXPLANATION
You may see the following label either on our product(s) and/or the packaging containing our
product(s):
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WARNING: This product contains
chemicals known to the State of California
to cause cancer and/or birth defects
or other reproductive harm.
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THE LAW:
In 1986 the State of California adopted into law “Proposition 65” (“Prop 65”) which is the
"California Safe Drinking Water and Toxic Enforcement Act". Any company that operates in
California, sells products in California, or manufactures products that may be sold in or brought
into California is subject to Prop 65. Since our business is located in California, Prop 65 applies to
us.
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THE SPECIFICS:
Prop 65 requires warning labels on any product that may contain any of more than 700 chemicals
that The Office of Environmental Health Hazard Assessment (OEHHA) of the California
Environmental Protection Agency considers a carcinogen or a reproductive toxicant. Many of the
elements listed under Prop 65 are common everyday items such as lead (contained in the solder
used to attach electronic parts), brass (frequently used in household water fittings), nickel
(contained in US coins), PVC (used in most lawn irrigation systems), and a multitude of other
everyday elements. Other elements are uncommon items and are rarely used in the electronics
industry, if at all. The list of elements changes frequently, making it a very difficult task to keep
track of which products require warnings.
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OUR PRODUCT(S):
To date, we have identified the following listed chemicals as being contained in our product(s):
Lead (in solder) and Nickel (in plating). Our product(s) also include Teflon (a dielectric), which is
currently being considered for list inclusion.
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OUR MOTIVATION:
Our legal advisor has issued us a warning about Prop 65 and its implications, pointing out that
one California citizen has sent notices of more than six hundred actual or proposed lawsuits
against companies under Prop 65. The penalties for not complying with Proposition 65 (i.e. by
failure to label products) could result in a civil penalty of $2500 per day. The law is such that a
company may be found in violation even if that company's product is purchased outside the State
of California and later brought into California.
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OUR DEFENSE:
Included with the warning from our legal advisor were suggested methods of protection from Prop
65 violations and litigation. Protection requires warning consumers about the possibility of
dangers from products. A warning label such as the one we use is considered to be in
compliance with warning requirements. We are providing warnings in an excess of caution and
they should not be taken as an admission that a warning is required. We have no reason to
believe that normal handling of our products will result in any significant risk, even assuming
lifetime exposure, or exposure at 1000 times the level that results from handling our products.
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MORE INFORMATION:
For more information about Prop 65 visit the Office of Environmental Health Hazard Assessment
and for a list of elements listed under Prop 65 visit: www.oehha.org/prop65/law/p65.html.
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