California Proposition 65

WHAT DOES THE PROP 65 WARNING LABEL ON MY PRODUCT MEAN?

“This product contains a chemical known to the State of California to cause cancer and/or birth defects or other reproductive harm.”

You may come across this label when purchasing equipment from one of Aqua Lung brand (Atomic Aquatics, Bare, Hollis, Oceanic, Stahlsac, Zeagle). This warning is the result of a law passed in California in 1986, referred to as the California Safe Drinking Water and Toxic Enforcement Act of 1986, or more generally referred to as “Proposition 65.”

WHAT IS PROPOSITION 65?

Proposition 65 is 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, through the California Office of Environmental Health Hazard Assessment (OEHHA) 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 at least annually, includes a wide variety of chemicals that can be found in many everyday items, such as 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 OEHHA has listed. As noted above, many of the elements listed under Proposition 65 have been routinely used in everyday consumer items for years without documented harm.

Prop 65 does not establish acceptable concentrations for any listed chemical; however, the agency which enforces it has established what is called "safe harbor" exposure levels for about one third of these chemicals below which warnings are not required. These "safe harbor" are established for listed carcinogens based on the quantity of the chemical that would result in one excess case of cancer in an exposed population of 100,000, assuming lifetime (70-year) exposure at the level in question. A similar process is used to establish safe harbor levels for listed reproductive toxicants. Additional information in plain language on safe harbor levels is available from the California Office of Environmental Health Hazard Assessment at http://oehha.ca.gov/Prop65/background/p65plain.html

For more information about Proposition 65, visit: www.oehha.ca.gov/prop65

I PURCHASED THIS PRODUCT OUTSIDE OF CALIFORNIA; WHY IS IT INCLUDED?

Our products are sold nationwide. It would be extremely difficult and costly to determine which products will be ultimately sold or brought into California. Therefore, to ensure compliance with Proposition 65 requirements, we have decided to include these warnings on all of our products, regardless of destination.

Aqua Lung is working diligently with regulatory bodies and our own manufacturing partners to continue to improve our product performance and reduce the presence of less desirable chemicals. We hope this explanation will enable you to understand why you will be seeing warnings on some of our products.

Thank you for your continued use and trust in Aqua Lung products.