This article is intended as a practical guide for sellers to address common product safety questions. Sellers are ultimately responsible for the safety and compliance of their products.
Friendly disclaimer: This information provides an overview for educational purposes only and is not legal advice. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The authors, Etsy, Inc. and Etsy Ireland UC disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of or reliance on these materials. Please consult a licensed lawyer in your area for legal assistance.
What is Proposition 65?
Proposition 65 is a California law that requires businesses to provide warnings to California consumers about significant exposures to chemicals that have been designated by the State of California as carcinogens or reproductive toxins. The list of chemicals subject to Proposition 65 contains a wide range of naturally occurring and synthetic chemicals and substances including common household products, food, drugs, pesticides, dyes, or solvents. See the Proposition 65 list here.
What is required of sellers offering items to California consumers?
Certain sellers who sell to Californians consumers must display a clear and reasonable Proposition 65 warning, including on online retail sites if their products expose consumers to chemicals that are on the State of California’s list in excess of the warning levels.
To see more information to determine if you and your items must display a Proposition 65 warning, please the California Office of Environmental Health Hazard Assessment (OEHHA) website.
What should a Proposition 65 Warning include?
Example Proposition 65 Warnings can be found on the California OEHHA’s website. These examples are safe harbor, non-mandatory warning methods and content that the OEHHA has deemed to be “clear and reasonable.”
Sellers on Etsy can provide the Proposition 65 warning and any additional details about their item as part of their item description on desktop, mobile web, or the Etsy Seller app. Below is an illustrative example of a Proposition 65 warning for lead that may be copied into a listing description:
⚠️ WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to P65Warnings.ca.gov.
Words by Etsy Staff
