California Proposition 65

What Does the Prop 65 Warning Mean?

"This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm," is not what you expect to see when you open your new hat. You may even find it alarming, but please do not panic. If you live in the state of California, you've seen these warnings on items in your home, in restaurants and even theme parks since 1986.

This warning is the result of a law passed in California in 1986, referred to as the California Safe Drinking Water and Toxic Enforcement Act of 1986, or more generally referred to as "Proposition 65".


Can you put that in Plain English?

Prop 65 applies to any company operating in California, selling products in California, or manufacturing products that may be sold in or brought into California. It mandates that the Governor of California maintain and publish a list of chemicals known to cause cancer, birth defects, and/or other reproductive harm. The list, which is updated annually, includes hundreds of chemicals found in many everyday items. The purpose of Prop 65 is to inform the public about exposure to these chemicals.

Prop 65 does not ban the sale of products containing these chemicals but instead requires warnings on any product, product packaging, or literature with the product. Moreover, a Prop 65 warning does not mean that a product is in violation of any product safety standards or requirements. In fact, the California government has clarified that a Prop 65 warning "is not the same as a regulatory decision that a product is 'safe' or 'unsafe'". Many of these chemicals have been used in everyday products for years without documented harm. For more information, go to https://oag.ca.gov/prop65/faqs-view-all.

A Prop 65 warning means that a company has either (1) evaluated the exposure and has concluded that it exceeds the "no significant risk level"; or (2) has chosen to provide a warning based on its understanding about the presence of a listed chemical without attempting to evaluate the exposure.


Does this law apply everywhere?

Prop 65 warnings are required under California law only. These warnings are seen throughout California in a wide range of settings, including but not limited to restaurants, grocery stores, hotels, schools, and hospitals, and on a wide variety of products. Additionally, some online and mail order retailers provide Prop 65 warnings on their websites or in catalogs. As we sell products online and our products are often delivered to California customers, we have elected to provide this right - to - know information on our products and our suppliers' products.


How do the California warnings compare to federal limits?

Prop 65 standards are often more stringent than federal and international standards. There are various substances that require a Prop 65 warning at levels that are far lower than federal action limits. For example, the Prop 65 standard for warnings for lead is 0.5 μg/day, which is well below the federal and international standards.


Why don't all similar products carry the warning?

  • Products sold in California require Prop 65 labelling while similar products sold elsewhere do not.
  • A company involved in a Prop 65 lawsuit reaching a settlement may be required to use Prop 65 warnings for its products, but other companies making similar products may have no such requirement.
  • The enforcement of Prop 65 is inconsistent.
  • Companies may elect not to provide warnings because they conclude that they are not required to do so under Prop 65; a lack of warnings for a product does not mean that the product is free of listed chemicals at similar levels.

Why does DelMonico Hatter include this warning?

DelMonico Hatter has chosen to provide consumers with as much information as possible so that they can make informed decisions about the products they buy and use. DelMonico Hatter provides warnings in certain cases based on its knowledge of the presence of one or more listed chemicals without evaluating the level of exposure, as not all the listed chemicals provide exposure limit requirements. While the exposure from DelMonico Hatter and their suppliers' products may be negligible or well within the "no significant risk" range, out of an abundance of caution, DelMonico Hatter has elected to provide the Prop 65 warnings. Moreover, if DelMonico Hatter does not provide these warnings, it could be sued by the State of California or by private parties seeking to enforce Prop 65 and subject to substantial penalties.

The warning does not mean that these products actually will cause any harm. Moreover, a Proposition 65 warning does not mean a product is in violation of any product-safety standards or requirements. In fact, the California government has clarified that "the fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe". The government has also explained, "You could think of Proposition 65 more as a 'right to know' law than a pure product safety law". (oehha.ca.gov/prop65/background/p65plain).

We believe our products and our suppliers' products are not harmful when used as designed. We provide the warning in order to comply with this California right-to-know law.