California Proposition 65 Warning Statement

Statutory Basis

The California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as “Proposition 65,” requires businesses with ten (10) or more employees to provide a “clear and reasonable” warning before knowingly and intentionally exposing California residents to any of more than 900 chemicals listed by the State as known to cause cancer, birth defects, or other reproductive harm. Cal. Health & Safety Code § 25249.5 et seq., with the duty to warn set out at § 25249.6.

The list of regulated chemicals is maintained by the California Office of Environmental Health Hazard Assessment (OEHHA) and is updated periodically. The current list is available at oehha.ca.gov/proposition-65/proposition-65-list.

General Warning

Per-Listing Warnings

For specific product categories with documented exposure to a Proposition 65-listed chemical, vendors must display a product-specific warning on the listing page. The required format under 27 CCR § 25600 et seq. (warning content and format detailed at § 25603) is the “safe harbor” warning, which generally takes the form:

⚠ WARNING: This product can expose you to [name of one or more chemicals], which is [are] known to the State of California to cause cancer [and/or birth defects or other reproductive harm]. For more information go to www.P65Warnings.ca.gov.

Categories Most Frequently Affected

The following product categories are most frequently subject to Prop 65 warnings:

• Furniture (formaldehyde, phthalates);
• Electronics and accessories (lead, cadmium, phthalates, BPA);
• Cookware (PFOA, lead, cadmium);
• Jewelry (lead, cadmium);
• Personal-care and beauty products (selected hair dyes, talc-containing cosmetics);
• Apparel and footwear (selected dyes, leather-tanning agents, phthalates);
• Pet products (BPA, lead);
• Tools and hardware (lead, brass alloys);
• Holiday lights, extension cords, and electrical accessories (lead, phthalates);
• Food and dietary supplements (acrylamide, lead, cadmium, mercury).

Vendor Obligations

Vendors selling on Upmos that ship to or otherwise direct products toward California consumers are responsible for:

1. Determining whether each product they offer contains any Proposition 65-listed chemical above the State’s “safe harbor” exposure level;
2. Adding the appropriate “safe harbor” warning to the product listing in the dedicated Compliance > Prop 65 Warning field in their Upmos vendor dashboard;
3. Refreshing their assessment at least annually and whenever OEHHA updates the list;
4. Maintaining documentation of their testing, sourcing, and assessment for not less than five (5) years.

Vendors that fail to provide accurate Prop 65 warnings may face indemnification claims, listing removal, and account suspension.

Marketplace-Level Display

Where a vendor has indicated that a product requires a Prop 65 warning, Upmos:

• Displays the warning clearly and conspicuously on the product detail page, in proximity to the “Add to Cart” button;
• Includes the warning in the order checkout flow when the shipping address is in California;
• Includes the warning on the printed packing slip and on the outer shipping container, where required by 27 CCR § 25602(b).

Internet Purchases — Special Rule

For Internet purchases, 27 CCR § 25602(b) requires that the warning be provided prior to completing the purchase. We deliver the warning by displaying it on the product detail page (consumer view) and, for orders with a California shipping address, in the order review/confirmation step.

Foreign-Language Warning

If a product listing is presented in a language other than English (e.g., Spanish), the Prop 65 warning is also provided in that language, consistent with 27 CCR § 25602(d).

Enforcement and Private Right of Action

Proposition 65 may be enforced by the California Attorney General, district attorneys, certain city attorneys, and — significantly — by any private individual acting in the public interest under Cal. Health & Safety Code § 25249.7(d) (the so-called “bounty hunter” provision). Penalties can be up to $2,500 per day per violation. Vendors are responsible for their own Prop 65 compliance and indemnify Upmos against any private-attorney-general action.

Reporting Inaccurate Warnings

Customers who believe a product is missing a required Prop 65 warning, or that a displayed warning is inaccurate, may report by emailing compliance@upmos.com or via the “Report this listing” link on the product page.

Contact

Email: compliance@upmos.com · legal@upmos.com

State of California OEHHA: P65Warnings.ca.gov

How Can You Contact Us About This Policy?

If you have any further questions or comments or wish to report any problematic Content or Contribution, you may contact us by:

General Contact

• Phone: 1-855-MERCHED (1-855-637-2433) (Mon–Fri, 9 AM–5 PM Central Time)
• General Support: support@upmos.com
• Report Issue: upmos.com/report
• Send Feedback: upmos.com/feedback

Department Directory

Mailing Address

Upmos Inc.
9896 Bissonnet St
Houston, TX 77036
United States