CALIFORNIA PROPOSITION 65 WARNING
The following information is intended for any party who has purchased or who plans to purchase eyewear frames and/or lenses (“Eyewear Products”) directly or indirectly from a VSP Global company. The purpose of this communication is to provide your business with a warning and warning materials regarding the Eyewear Products under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code § 25249.5 et seq., commonly referred to as “Proposition 65” (“Prop 65”). California’s Office of Environmental Health Hazard Assessment (OEHHA) is tasked with administering Prop 65 and publishes a list of chemicals requiring warnings on their website. See www.P65Warnings.ca.gov
For products sold in California and individuals in the state of California who handle or use products in the workplace, as explained by OEHHA, businesses are required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical. This warning can be given by a variety of means, such as by labeling a consumer product or posting signs.1 (See Note 1 below).
Therefore, because your business sells, or has workers who may otherwise come into contact with, Eyewear Products that contain one or more of the chemicals identified on the Proposition 65 list of over 900 chemicals (which includes BPA and nickel), we are providing your business with the following “clear and reasonable” Proposition 65 warnings:
For Frame and Lens
WARNING: This product can expose you to chemicals including nickel, which is known to the State of California to cause cancer, and Bisphenol-A, which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
For Lens Only
WARNING: This product can expose you to chemicals including Bisphenol-A, which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
In addition, these warnings may also appear on other paperwork your business receives from a VSP Global company in connection with our Eyewear Products, such as on invoices or on polybags.
For Eyewear Products that are being sold in California, are to be sold or offered for sale in California (including via the internet), or are incorporated into other Eyewear Products (for example, lenses into eyeglass frames) that are to be sold or offered for sale to California, this notice and the enclosed materials further described below are being provided so that your business can provide warnings under Proposition 65 with respect to the Eyewear Products, including to workers who may handle the Eyewear Products in the workplace or consumers to whom Eyewear Products are sold.
For Our Retail Customers
In accordance with the regulations, enclosed are warning materials to be provided to California consumers of Eyewear Products prior to purchase. This warning should also be prominently displayed on the product display page or otherwise on your business’ website prior to purchases of Eyewear Products by customers via the Internet. In your retail store, another option is to provide signage in your business’ retail store(s) at each point of display of the product as follows:
WARNING: This product can expose you to chemicals, including nickel, which is known to the State of California to cause cancer, and Bisphenol-A, which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
Depending on the size and scope of the operation of your business you may be required to post an occupational warning. However, it is difficult for us to assess the specific measures that your business may need to take to comply with Proposition 65 and it should be noted that no information provided herein or attached hereto should be construed as legal advice. We suggest that you (or the appropriate person at your business) review the information provided hereby with your business’ own legal counsel in connection with your specific business needs and circumstances in order to formulate an action plan for your business to comply with the law.
For Our Wholesale Customers
As noted for our retail customers above, it is difficult for us to assess the specific measures that your business may need to take to comply with Proposition 65. As such, we also suggest that you review the information provided herein, including the samples attached hereto, with your business’ own legal counsel in connection with your specific business needs and circumstances in order to formulate an action plan for your business to comply with the law.
Additional Resources
More information about Proposition 65 and how it may apply to your business can be found on the following links:
• http://oehha.ca.gov/prop65.html (this is the California agency tasked with, among other things, administering the Proposition 65 list)
• https://www.thevisioncouncil.org/sites/default/files/TVC_Prop65_ChangesMemo.pdf
1 https://oehha.ca.gov/proposition-65/about-proposition-65
(excerpted response for “What does a warning mean?”)