Webinar: California's Proposition 65
Supporting and protecting our merchant community is one of our top priorities here at Wish. Whether it’s providing quality benefits through the Wish Standards program or sharing important information about marketplace regulations, Wish is working on your behalf to help ensure you can do business on our platform in as compliant a manner as possible. In partnership with our consultants, we have put together a webinar on California’s Proposition 65 to assist you with your compliance efforts. Proposition 65 impacts any merchant shipping to or selling in the state of California in the United States
You’ll find the webinar embedded below, allowing you to watch and re-watch at your leisure. Additionally, we’ve compiled a list of the most frequently asked questions about Proposition 65. Watch the webinar and read through the FAQ for additional information!
No Legal Advice or Attorney-Client Relationship: the information provided below does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. You should contact an attorney to obtain advice with respect to any particular legal matter.
1. What is Proposition 65?
Proposition 65 is a law that requires a company selling products in or shipping to California to warn purchasers before they buy them if they contain certain chemicals that the state claims can cause cancer, reproductive harm, or both.
2. What chemicals are included?
The Proposition 65 chemical list is maintained by California’s Office of Environmental Health Hazard Assessment (OEHHA), part of the California Environmental Protection Agency. California publishes a list of over 900 chemicals known to the State of California to cause a risk of cancer, birth defects, or other reproductive harm.
3. Should I pay special attention to how some products are labeled (more than others)
Always ensure that all products are labeled correctly. Top of mind litigated products have historically included clothing, footwear, personal care products and diet supplements.
4. Who should I talk to to ensure that my products are in compliance with Prop65?
You should work with an accredited test lab to check your products for Prop65 chemicals. You can find a list of accredited test labs here.
5. Which chemicals most commonly lead to Prop65 violations?
The most common violation claims involve heavy metals – lead, cadmium, arsenic and mercury. Phthalates (plasticizer) are also a frequent Proposition 65 target.
6. How is Wish enabling merchants to add compliant warnings to their online listings
When you upload or update a product listing in the Merchant Dashboard, through API or via .CSV file, you’ll have the option to provide which Prop65 warning type and chemicals are applicable to your product. Wish will then automatically generate and display corresponding, compliant warning labels that will be placed on the product listing page.
7. Will the Proposition 65 warnings be visible to all customers on Wish?
These warnings will only be visible to Wish customers whose IP addresses and/or shipping addresses are located in California.
8. Do I need to put information about Prop65 in my title or photos on Wish?
No—when you’re using our new compliancy feature to automatically add online warning labels, you are no longer required to include Prop65 information in your product listing titles or photos.
9. Can I opt out of selling in California if I don’t want to comply with Prop65?
Yes, you can opt out of selling specifically in California (while continuing to sell to the rest of the United States). Read this Help Center article for more information about how to opt out of selling to a specific region on Wish.
***You can learn more about Proposition 65 and your responsibilities in our Help Center article here.
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