California Residents - Prop 65

PROP 65

What is this warning?

California Proposition 65 is a law that is unique to the State of California that requires a "clear and reasonable warning" to consumers for products that contain chemicals that the state of California has determined to cause cancer, birth defects, or other reproductive harm.

Why does my product have this warning?

This warning is required to comply with California Proposition 65 which entitles California consumers to a warning for products that contain any of the over 900 chemicals that have been listed by the California Office of Environmental Health Hazard Assessment (OEHHA). With few exceptions, the chemicals on California's Proposition 65 list are not intentionally added to food products. Many common foods, including fruits and vegetables, seafood, chocolate, wine, cheese, milk, naturally contain some of these chemicals because they are widely distributed through the environment in air, soil, water, and rocks. Others are formed during cooking or other processes.

Does this law apply everywhere?

No. The "Prop 65" warnings are only required under California law for sales to California consumers. No other state has passed a law that requires such product label warnings. The federal government does not require such warnings. Although MW Polar products are sold nationwide and throughout North America, in an effort to ensure compliance with California's Prop 65 requirements, MW Polar has decided to include the Prop 65 warnings on products that may be sold in California.

How does CA Prop 65 differ from federal regulations for food and product safety?

It should be noted that California product label warning requirements are not usually the same as federal safety requirements. Prop 65 is not a product safety law. Rather, it is a right-to-know law that requires that California consumers be informed when a Prop 65 listed chemical is present above a very low threshold. This causes a mismatch between warnings on products sold in California and what is required elsewhere in the U.S.A. So this can explain why sometimes you may see a California Prop 65 warning on a product sold in California but no warning on the same product sold elsewhere. The products are not different; it's just that Prop 65 warnings are required for sales to California consumers.

Additionally, there are various substances that require a California Prop 65 warning at levels that are far more stringent than federal action limits. One example is lead. The Prop 65 standard for warnings for lead is 0.5 micrograms per day, which is far more stringent than federal and international standards for lead.

Why don't all similar products carry the warning?

It is possible that the product is not sold in California - the only state that requires this warning label. Some companies only put the warning labels on products that will be sold in California, so you won't see them unless you buy the product there. Within California, there is inconsistent Prop 65 enforcement, which can explain why you sometimes will see certain products in the market with warnings, and virtually identical products without warnings. Other companies may elect not to provide warnings because, in their assessment, they conclude that they are not required to do so under Prop 65 standards. A lack of warnings for a product does not necessarily mean that the product is free of the same substances at similar levels.

Is the product safe?

California's OEHHA, the state agency responsible for implementing Prop 65, itself has noted, "A Proposition 65 warning does not necessarily mean that a product is in violation of any product-safety standards or requirements."

All MW Polar products meet all federal food safety regulatory standards.

We believe that consumer have the right to do their own research and to make their own decisions about the products they choose to purchase. The Prop 65 warning is provided to allow consumers to assess their individual risk. We encourage consumers who want to find more information on Prop 65 to visit the state of California's website for Prop 65 at https://www.p65warnings.ca.gov/food.

California requires the following notice:

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.

Coffee/Roasted Nuts/Baked Goods & Snacks

California requires the following notice:

WARNING: Chemicals known to the State of California to cause cancer and birth defects or other reproductive harm, including acrylamide, are present in coffee and some roasted nuts, baked goods and snack foods such as chips. Acrylamide is not added to these products, but results naturally from the roasting, baking or cooking process. The FDA has not advised people to stop consuming foods that are fried, roasted, or baked. For more information regarding the FDA's views, visit www.fda.gov.