Organika Prop 65 Policy
Last Updated: November 12, 2024
This Prop 65 Policy (this “Policy”) applies to all persons who purchase products (“Organika Products”) from Organika Health Products Inc. (“Organika”, “we” or “our”) or its resellers, distributors, wholesalers and retailers (collectively, “Organika Customers”).
California’s Proposition 65 requires that warnings be provided to California consumers for products sold into California that may contain certain chemicals identified by California as causing cancer and/or reproductive harm. There are over 900 chemicals on the Proposition 65 List. Because Organika cannot confirm that its products do not contain any trace amounts of each of the over 900 chemicals on the Proposition 65 List, it has made the decision to withhold and ban all sales of Organika Products in California.
Each Organika Customer is prohibited from: (a) selling or making available for sale any Organika Products in or into California; or (b) selling, reselling, distributing or otherwise providing the Organika Products to any other person who sells or makes available for sale any Organika Products in or into California (each, a “Prohibited California Sale”).
Each Organika Customer agrees to indemnify, defend and hold harmless Organika against any claim, loss, damage or liability suffered, incurred or sustained by Organika that arise from or relate to any Prohibited California Sale by such Organika Customer.
More information regarding California’s Proposition 65 is set out below.
Organika reserves the right at any time to modify, suspend or discontinue this Policy, in whole or in part, designate promotional periods during which the terms of this Policy will be modified, or designate periods of time during which this Policy is not applicable. Policy modifications will be made available on Organika’s website at https://organika.com/.
California’s Proposition 65 Warning Regulations
What is Proposition 65?
Proposition 65 (“Prop. 65”) is a California initiative approved by voters in 1986 and enacted into law as the Safe Drinking Water and Toxic Enforcement Act. Prop. 65 is administered by California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment. The law requires California to publish a list of substances that are known to the state of California as having a 1 in 100,000 or more chance of causing cancer over a 70-year period or, alternatively, reproductive harm. There are currently over 900 substances on the Prop. 65 list. The law prohibits “knowingly and intentionally” causing exposure to one of the substances on the list without first providing a “clear and reasonable” warning.
Where can I find additional information?
The following are resources prepared by California regulators that you can use to learn more about Proposition 65 and the warning requirements.
- Summary of Proposition 65 requirements: https://oehha.ca.gov/proposition-65/general-info/proposition-65-plain-language
- Information about chemicals and substances regulated by Proposition 65: https://oehha.ca.gov/proposition-65/proposition-65-list
- Information on Warning Regulations: https://oehha.ca.gov/proposition-65/crnr/notice-adoption-article-6-clear-and-reasonable-warnings
- Information on Warning Requirements--Questions and Answers for Businesses: https://oehha.ca.gov/media/downloads/crnr/art6businessqa.pdf
- Links to the statutory and regulatory text for Proposition 65: https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations