Dear Valued VESTIL Distributor:

California’s “Safe Drinking Water and Toxic Enforcement Act”, commonly known as Proposition 65 (“Prop65”), requires the state of California to publish and update a list of chemicals known to cause cancer, birth defects or other reproductive harm, or both. Prop65 also requires businesses to provide “clear and reasonable” warnings about potential exposures to listed chemicals. The Office of Environmental Health Hazard Assessment (OEHHA), a department of the California Environmental Protection Agency, generates regulations to implement Prop65. These regulations require that a warning be applied to any consumer product or to its packaging if the product contains one or more listed chemicals. Exposures to listed chemicals in consumer products do not require warnings if they are equal to or less than “safe harbor” levels. For carcinogens, i.e. cancer causing substances, the safe harbor level is an exposure that will not pose a significant risk of cancer. For reproductive toxicants, i.e. substances that cause birth defects or other reproductive harm, safe harbor exposures are those that are significantly below levels observed to cause birth defects or other reproductive harm.

New regulations took effect on Aug, 30, 2018 that amended prior regulations in 2 significant ways. First, beginning on Aug. 30, 2018, the required content of consumer product warnings will be different. Second, in addition to on-product warnings, California consumers must receive pre-purchase warnings, i.e. warnings in catalogs and webpages. In summary, products that could expose California consumers to one or more listed chemicals above safe harbor levels must display appropriate on-product warnings and also require pre-purchase warnings.

VESTIL’s products on the list published here require one or more Prop65 warnings whenever sold into California. VESTIL will provide the appropriate on-product warning labels for these products. More specifically, VESTIL will label its products that require a warning with appropriate “Short form” warning. The content of short form warnings is provided in 27 CCR §25603(b) (see p. 6 of linked document). VESTIL suggests that you consult with legal counsel to determine whether you may provide short form warnings, or if long form warnings are necessary. The content of long form warnings is provided in 27 CCR §25603(a) (see p. 6 of linked document). If warning labels are applied to products VESTIL sells to you, then you must leave those labels in place.

In addition to making sure that products remain labeled, if you are a retailer you also must provide applicable pre-purchase warnings to California consumers. If you are a distributor of VESTIL’s products, then you must provide pre-purchase warnings to your retail customers.

Distributors of Vestil’s products must acknowledge the receipt and understanding of this information. Therefore, Vestil requests that you complete the following confirmation form. Your confirmation may be submitted either electronically or in writing. If VESTIL does not receive confirmation, we will be unable to ship products to you.

As a condition of distributing VESTIL products to retail sellers:

1. The distributor acknowledges that it is an authorized agent, for purpose of complying with Prop 65, of any retail seller to whom it distributes VESTIL products. Under the Prop 65 regulations, this means that the distributor is authorized by the retailer seller(s) to receive Prop 65 notices from manufacturers.
2. The distributor agrees to provide VESTIL Prop 65 notices to any retail seller that is allowed to sell VESTIL products.
3. The distributor agrees to indemnify and hold harmless VESTIL for any liability if the distributor fails to provide the Prop 65 notice (which is provided by this notice) to an authorized retail seller, and distributor also indemnifies VESTIL if the retail seller fails to provide the notice.

VESTIL requires your confirmation electronically, or in writing, of receipt of this notice. Fill out the appropriate fields below for acknowledgement. If we do not receive confirmation, we will be unable to ship products to you.

Affected product list: PDF List Excel List

For further questions concerning Prop 65, refer to: https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.

For any additional questions, contact us via email to compliance@VESTIL.com.

Sincerely,
VESTIL Manufacturing