We appreciate your concern regarding the California Proposition 65 warnings seen on our website and labels. These warnings are required by law for sales to customers located in California.
For other insights into the proposition, here is a blog post that we found to be balanced and clear: http://shiftbeauty.com/proposition-65/
Q. Why isn't every company issuing this warning?
A. TKB Trading, LLC is located in California and must comply with the law most especially for its California customers. Companies located outside of California do not always comply. While a competitor may not have the warning on their site, this doesn't mean that they would not also be required to have it for any sales to California.
Q. Do I or my company have to put this warning on my products?
A. Please read the details at the website cited below. However, the answer is "NO" if you are not selling to a California customer and/or your company has less than 10 employees.
Q. Why is the warning on so many powders?
A. Titanium Dioxide was recently added to the Prop 65 List and it is in an ingredient in many loose powder pigments. If you are purchasing a powder which has Titanium Dioxide as an ingredient (whether from TKB or elsewhere) it should probably be required to have this warning.
Q. What is up with the Lead and Arsenic warning?
A. The FDA (the US Governmental agency that regulates cosmetic color additives) sets a standard of what percentage of heavy metals are accepted in the products. As you can imagine, a mineral is going to have some heavy metals in it. All our our cosmetic grade pigments meet or exceed the low levels required by the FDA, however as there is not "none" but potentially some, we are required by California Prop 65 to include a warning.
Q. What is Proposition 65?
A. Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was an initiative California voters approved. The purpose was to address growing concern about exposure to toxic chemicals.
Q.What are the requirements under Proposition 65?
A. The state of California is required to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The list now has more than 900 chemicals and is required to be updated at least once a year. All businesses that sell items in or into the State of California are required to provide a clear and reasonable warning prior to purchase on items that contain a listed chemical.
Q.My product contained a Proposition 65 warning. What does this mean?
A.By law, in the State of California, a Proposition 65 warning informs a consumer that he or she is being exposed to substances known to the state of California to cause cancer or reproductive harm in amounts that exceed certain threshold levels. This is not the same as a regulatory decision that a product is "safe" or "unsafe." Warnings are required for a wide variety of products including baked or fried foods, alcohol, and fish.
Q.Where can I get more information?
A.If you would like more information regarding Proposition 65 please visit: https://oehha.ca.gov/proposition-65/proposition-65-faqs.