What is Prop 65?

Prop 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information be provided, Prop 65 enables Californians to make informed decisions about their exposure to these chemicals.

It is a broad law that applies to any company operating in California, selling products in California, or manufacturing products that may be sold in or brought into California. It mandates that the Governor of California maintain and publish a list of chemicals that are known to cause cancer, birth defects and/or other reproductive harm. The list, which must be updated annually, includes various chemicals that can be found in many everyday items, including dyes, solvents, drugs, food-additives, by-products of certain processes, pesticides and tobacco products.

The purpose of Proposition 65 is to ensure that people are informed about exposure to these chemicals. Proposition 65 also requires warnings to be placed on any product, product packaging, or literature accompanying a product that contains or may contain any of the 800-plus chemicals that the California Air Resources Board considers harmful. As noted above, many of the elements listed under Proposition 65 have been routinely used in everyday consumer items for years without documented harm.

What is Harman Corporation's official response?

Some Harman Corporation products may contain substances that the state of California considers carcinogenic or a reproductive toxicant. Finished product manufacturers may comply with Proposition 65 either by providing a clear and reasonable warning concerning an exposure to a listed chemical, or they may perform a risk assessment.

No warning needs to be given if a proper risk assessment demonstrates the exposure is below certain levels the law says do not require a warning.

Harman Corporation has chosen to disclose Proposition 65 information for particular parts to assist its customers with their compliance efforts. As Harman Corporation is typically unaware of the application for which our products are used, we have chosen to provide a warning simply from our knowledge about the potential presence of a listed chemical without attempting to evaluate the exposure. With Harman Corporation's products, the exposure may be negligible or well within the “no significant risk” range. However, out of an abundance of caution, we have elected to provide the Proposition 65 warning. We are not aware of consumer product exposure scenarios where the law’s warning thresholds would be exceeded, but the responsibility for warning determinations rests with our customers. For more information, visit https://www.harmancorp.com/non-phthalate-flexible-pvc/

What will the warning look like?

“California Proposition ⚠ 65 WARNING ⚠:
WARNING: This product can expose you to chemicals including diisodecyl (DIDP), which is known to the State of California to cause cancer, birth defects or developmental issues. For more information: www.P65Warnings.ca.gov.”

Is Harman Corporation required to label product?

Our products are sold nationwide, are used to protect or to finish thousands of products, and we have no knowledge of where our products will ultimately end up. It would be impossible for us to determine which products will be sold or brought into the state of California. The ultimate decision to label a consumer product with a warning rests with the company that manufactures or assembles that product and introduces it into California, as the manufacturer or assembler is in a better position to evaluate relevant product-use factors and whether a listed ingredient is also present in another component part of the product. Harman Corporation provides information to assist with the ultimate labeling decision and to support its customers’ efforts to evaluate workplace safety issues.

Can Harman Corporation confirm if we (the customer) are required to label?

No, we cannot. This determination can only be made by you, the customer.

Does Harman Corporation exceed exposure warning thresholds? Can Harman Corporation provide data to support this?

We are not aware of consumer product exposure scenarios where the warning thresholds would be exceeded, but the responsibility for warning determinations and/or testing rests with customers.

Does Harman Corporation sell non-phthalate?

Yes, all products at Harman Corporation can be made with non-phthalate material. For more information, visit https://www.harmancorp.com/non-phthalate-flexible-pvc/

Conclusion:

Harman Corporation believes that all our products are safe when used as designed and intended. However, the penalties for not complying with Prop 65 are high. Therefore, Harman Corporation as well as many other manufacturers, have elected to provide this warning out of an abundance of caution to avoid the potential for liability.

Where can I get more information on Prop 65?

For general information and FAQ's on Prop 65, please visit https://oehha.ca.gov/proposition-65/general-info/proposition-65-plain-language
Should you have any questions on any regulatory issues or concerns, please contact us at sales@harmancorp.com or call us at 248-651-4477 .