California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65, among other things, requires businesses to provide specific warnings to California consumers if a product sold by the business contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, provided such exposure to the listed chemicals in those products exceeds certain, often very low, levels. Acceptable exposure levels (which do not require warnings) have been established for some chemicals by California’s Office of Environmental Health Hazard Assessment (“OEHHA”). The warnings are intended to assist California consumers in making informed decisions about potential exposure to carcinogens and reproductive toxins from products containing listed chemicals.
EV Universe, Inc. (including its affiliates, subsidiaries, and divisions, “EV Universe”) sells automotive parts, accessories, and related products for electric vehicles with operations throughout the United States. EV Universe is not a manufacturer of the products it sells. As a business in which our products are purchased online, EV Universe is not in the position to know when to label products or post signs for each product. Therefore, in addition to our manufactures or suppliers labeling products we know are being shipped to California, and the general warnings provided below, EV Universe urges its customers seeking more information about the chemical compositions of certain products to contact the manufacturer and/or visit the product manufacturer’s website to assess which, if any, products have associated Prop. 65 warnings. For more information on the potential risks of exposure to such chemicals and substances, and other information regarding Prop. 65, please consult OEHHA at https://oehha.ca.gov/proposition-65.
The information below provides guidance with respect to some (but not all) products sold by EV Universe which can need Prop. 65 warnings. For more information on the types of chemicals and substances California consumers may be exposed to from other products and materials sold by EV Universe, please consult with the product manufacturer or a Prop. 65 technical expert.
Some consumer products we sell, such as automotive parts, accessories, and related products for electric vehicles, or other products which contain metals and/or plastics, may have warnings such as:
WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is[are] known to the State of California to cause cancer, and [name of one or more chemicals], which is[are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
WARNING: Cancer and Reproductive Harm – www.P65warnings.ca.gov.
The State of California imposes substantial penalties for failing to comply with the notification requirements of Prop. 65. In addition, the costs to defend against a claim of violation from all who are allowed to bring a lawsuit on behalf of the State (including private law firms and individuals) can easily cripple a business. As a result, EV Universe and many other organizations in various industries have elected to provide the notice to prevent what could be an endless wave of groundless lawsuits even though the level of exposure is well within legal limits.
Further, as is the case with many other organizations, the products we sell can be found throughout the country. So as to ensure compliance with Prop. 65, the warnings can be found even in areas outside of the State of California.
As previously noted, the penalties for not complying with Prop. 65 are steep. As a result of the potential penalties, and because there is no penalty for providing an unnecessary warning, EV Universe, as well as many other organizations, have elected to provide this Prop. 65 notice out of an abundance of caution in order to avoid the potential for liability.
For more information about Proposition 65, visit: http://www.oehha.ca.gov/prop65/getNSRLs.html