RE: California Proposition 65 Compliance

Dear Apex Product Group Dealer,

California’s Safe Drinking Water and Toxic Enforcement Act of 1986, popularly known as “Proposition 65,” was enacted through a ballot initiative in 1986. This law requires businesses to provide special warnings when selling products that may expose persons to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

The Proposition 65 regulations have recently changed. Effective August 30, 2018, new requirements apply to the content and location of certain Proposition 65 warnings.

In response to these changes, Apex Product Group will be adding new Proposition 65 hang tags and warning labels directly to some of its products and packaging. Apex will also be applying warnings to certain parts and accessory packaging. The warning language will state:

WARNING: Cancer and Reproductive Harm -

Although Apex is able to arrange for certain products to be labeled as they leave the warehouse, this approach is not available for all Apex parts and accessories. In addition, Apex recognizes that certain parts and accessories may be removed from their packaging prior to being sold to customers.

Although Proposition 65 does not affect transactions made within your state, dealers are expected to be compliant to the regulation for all parts, garments, accessories, and general merchandise sold to California consumers online. Apex is therefore relying on you, its nationwide servicing dealers and retailers, to communicate new warnings to California consumers through your dealer website prior to the transaction.

Your dealer website must display a warning, including either the Proposition 65 warning shown below or a clearly marked hyperlink using the word “WARNING,” on the product display page. The hyperlink will take the customer to a second page displaying the Proposition 65 warning. The warning language must state:

WARNING: Cancer and Reproductive Harm -

Enforcement of the new Proposition 65 warning requirements will begin on August 30, 2018 for items manufactured after that date. Failing to provide the appropriate warning can result in stiff civil penalties, imposed through civil lawsuits undertaken by the California Attorney General or private citizens. Penalties for non-compliance can be levied against product manufacturers and retailers alike.

The regulatory agency in California responsible for Proposition 65 has made additional information about Proposition 65 available on its web page:

If you have any questions about this program, please feel free to contact your field sales representative directly or contact Apex Product Group Technical Support.


Apex Product Group