California Prop 65

 

Although you may not be located in California, if you sell or ship any NGIL products through an online retail store, you still need to make any California consumer aware of any harmful chemical exposure due to California Prop. 65 law. 

Proposition 65, also called the Safe Drinking Water and Toxic Enforcement Act, was enacted by the State of California in 1986. The act requires “clear and reasonable” warnings about potential exposures to certain chemicals that California has determined cause cancer, birth defects or other reproductive harm. 

Under the current rules, the warnings had to be shown on the product and/or the product’s packaging. However, Proposition 65 has recently been amended to also include “pre-purchase” warning requirements. The amendments take effect on August 30, 2018. In addition to on-product warnings, catalogs and webpages must now carry the same warnings so that consumers in California can see the warnings prior to purchase.

Because of this requirement, we need to have all retailers who sell our NGIL products to or in California, acknowledge the receipt and understanding of this information. Therefore, we are asking that you complete the form below on or before August 30, 2018. MOMMYWHOLESALE requires your confirmation electronically, or in writing, of receipt of this notice. Fill out the appropriate fields below for acknowledgement. If MOMMYWHOLESALE does not receive confirmation, we will be unable to ship products to you after the effective date, 30 August 2018.

As a recognized authorized NGIL product retailer (NGIL and MOMMYWHOLESALE), this correspondence provides notice pursuant to California Health and Safety Code section 25249.5 et seq. (“Prop 65”) and one of its enabling regulations at 27 CCR § 25600.2(b) (effective 30 August 2018). California law requires any company to declare if their products contain certain substances, as so listed on https://oehha.ca.gov/proposition-65/proposition-65-list and those products are sold in California.
All NGIL products sold on our website require a Prop 65 warning for any sales into California.

MOMMYWHOLESALE products will provide the necessary warning on the product labels, on its websites, and in all future printed publications. However, it is the retailers responsibility to display this warning on any product previously purchased. Distributors are expected to convey identical warning language in their printed literature as well.
For retailers who sell online, the warning language for products sold must be shown to the online consumer prior to completing the purchase, and should also be provided on the product display page with a clearly marked hyperlink using the word "WARNING," or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase, e.g.:

For information about what individual chemicals are present in each product please contacts us at info@mommywholesale.com
Product and chemical information is available upon request.

  WARNING: This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP), which is known to the State of California to cause cancer, birth defects or other reproductive harm. For more information, go to: www.P65Warnings.ca.gov"

  WARNING: This product can expose you to chemicals including Lead, Nickel and Chromium which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to: www.P65Warnings.ca.gov"

 WARNING: This product can expose you to chemicals including Diisononyl phthalate (DINP), which is known to the State of California to cause cancer. For more information, go to: www.P65Warnings.ca.gov"

 

As a condition of distributing NGIL products:

  • The retailer acknowledges that it is an authorized agent, for purpose of complying with Prop 65, of any retail seller to whom it distributes NGIL 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.
  • The distributor agrees to provide NGIL Prop 65 notices to any retail seller that is allowed to sell NGIL products.
  • The distributor agrees to indemnify and hold harmless MOMMYWHOLESALE or NGIL 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 MOMMYWHOLESALE or NGIL if the retail seller fails to provide the notice.

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

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