We have a label on our products warning people about chemicals that cause cancer. This label has been of great concern for hobbyists noticing it for the first time. Because of the concern expressed by hobbyists, we have written this explanation so you can have insight into the purpose of the label.
In the State of California there exists what is referred to as "Proposition 65". Proposition 65 is the California Safe Drinking Water and Toxic Enforcement Act of 1986. Any company that operates in California, sells products in California, or manufactures products that may be sold in or brought into California is subject to Proposition 65. Since our products are sold in California, Proposition 65 applies to us.
Proposition 65 requires warning labels on any product that may contain any of 600-plus elements that the California Air Resources Board considers a carcinogen or a reproductive toxicant. These elements include lead, brass, PVC and a multitude of other everyday elements.
Many of the elements listed under Proposition 65 are common everyday items. Many are commonly used in the model industry. Other elements are uncommon items and are rarely used in the hobby industry if used at all. The list of elements keeps changing and is periodically updated. Elements are added to the list, some elements are removed. It is excessively difficult to keep track of the changing list of elements. Therefore, it is easier to place warning labels on products even when they do not contain elements listed under Proposition 65.
There are penalties for not complying with Proposition 65. Failure to label products can result in a civil penalty of $2500 per day. The state of California allows private individuals to act as bounty hunters to seek products not having appropriate warning labels. These bounty hunters receive a percentage of whatever fine is imposed on the violator. The violator of Proposition 65 could be the manufacturer, distributor or retailer of the offending product.
A company can be served with a Proposition 65 violation even if they do not do business in California themselves. If their product is sold or is purchased outside the Sate of California and brought into California, the company may still be found in violation.
There have already been several model manufacturers, distributors, and retailers who have been embroiled in Proposition 65 litigation. This litigation has cost the companies a significant amount of money and time. This litigation risk not only comes from bounty hunters, but also from recovery suits. A retailer can sue a distributor to recover Proposition 65 related costs. A distributor can sue a manufacturer to cover their Proposition 65 related costs.
Various trade organizations have issued notices to manufacturers warning of Proposition 65 and its implications. Included in the warnings where suggested methods of protection from Proposition 65 litigation and violations. Protection requires warning consumers about the possibility of dangers from products. Warning labels like the one we use apparently are generally considered to comply with warning consumers.
The label by no means indicates that our products will cause you to contract cancer or reproductive harm. Used properly you will receive no harm from our products. The purpose of the label is to protect Aristo-Craft from litigation. It helps ensure our continued ability to provide models to our customers.
For more information about Proposition 65 visit
the Office of Environmental Health
Hazard Assessment.
For a list of elements listed under Proposition 65 visit: http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html
For more information, download the MRIA article that we have in a .pdf (Adobe Acrobat) format.