Proposition 65 Agreement

By placing an order through Golden Needle Acupuncture, Herbal & Medical Supply, you agree to our Proposition 65 Policy.

What is Proposition 65?
California’s Safe Drinking Water and Toxic Enforcement Act of 1986 is commonly referred to

as “Proposition 65.” It applies to people doing business in California, including those who ship

products into the state. The only entities exempted are those with fewer than 10 employees,

governmental units, and anyone operating a public water system. As discussed below, while

businesses with fewer than 10 employees are technically exempted from Proposition 65’s

warning requirements, in most cases these businesses still need to comply with the statute

because of indemnity or other contractual obligations to retailers or others in the stream of

commerce.

Under Proposition 65, California maintains a long list of chemicals that the State has identified

as either carcinogens or reproductive toxicants or both. Currently, there are over 900 listed

chemicals. The list changes, and mostly grows, over time. Although many of these chemicals are

synthetic, some like lead and cadmium, are natural substances which are found in the

environment. Many agricultural plants, such as produce and herbs, pull lead and other heavy

metals up from the soil. Be sure to review the most current Proposition 65 list, which is available

on the website of the State’s Office of Environmental Health Hazard Assessment (“OEHHA”) at

Proposition 65 List of Chemicals

Basically, Proposition 65 prohibits businesses from exposing people in California to listed

chemicals without prior warning. Proposition 65 is not a product safety law that limits the

amount of chemicals that can be in a product, or which bans products. Instead, it is a right-to-know law that requires warnings at very stringent exposure levels for listed chemicals. The law

applies to products sold to consumers in California. Proposition 65 does not apply in other states.

Proposition 65’s warning standards are among the most stringent in the world. For example, for

lead and cadmium, the law requires the warning limit to be set 1000 times lower than the level

where scientific studies confirm there is no reproductive harm. That is a warning threshold, not a

safety threshold.

Proposition 65 warnings are present in California for a wide variety of everyday products used in

households, including nutritional products, coffee, alcoholic beverages, multivitamins, balsamic

vinegar, glassware, handbags, jewelry, furniture, building materials, and cleaning products, just

to name a few. Many businesses throughout California have posted Proposition 65 warnings,

including restaurants, hotels, parking garages, coffee shops, gas stations, buildings, and grocery

stores.

Do the products Golden Needle sells contain heavy metals?

Many everyday foods and nutritional supplements may contain listed substances even though

they are never intentionally added to any product formula. The manufacturers we work with do not intentionally add any Proposition 65 listed chemicals to their products. Some of these chemicals, at very low levels, find their way into some foods and nutritional supplements, including some of our products, not because they are intentionally added but because the substances are widely found in the environment -- including where plants are grown. For example, lead and cadmium are substances that can be naturally or commonly found in foods and food ingredients because they are present in the environment. For many years, Golden Needle and our vendors have been adding the Proposition 65 warning to product labels when the maximum dose on the label exceeds the daily safe harbor level for the Proposition 65

listed chemical, which is typically lead, and the products are shipped by us to a California

address. We maintain and regularly update a list of the products we offer that need the

warning. Products have a Prop 65 warning on our website and the product will have a prop 65 sticker on it when shipped to California.

Why Should I Comply with Proposition 65 When I have Less Than 10 Employees?

Although Proposition 65 exempts companies with fewer than 10 employees, as a practical matter

this exemption does not protect small companies. The exemption is of limited value due to the

way that Proposition 65 is enforced by private enforcers and indemnity and other contractual

obligations that exist between suppliers, distributors and retailers. This means that even if your

company is under 10 employees; the manufacturer can be sued because they have more than 10 employees. Per the Proposition 65 Warning Obligation Agreement that you have entered into when placing an order and agreeing to our terms and conditions, you would be liable for any alleged Proposition 65 claim against Golden Needle, including legal fees, if Golden Needle is named for Proposition 65 violations for products you purchased and then did not yourself follow the Proposition 65 law.

In short, as a practical matter, everyone in the chain of distribution must comply with

Proposition 65 and ensure that California consumers receive a warning when necessary. The

Proposition 65 warning regulations can be found here: Proposition 65 Warning Regulations

Why Should I Comply When I Do Not Do Business in California?

You could be liable for a violation of Proposition 65, if you do not have a Proposition 65

warning on a product that would require a Proposition 65 warning and you ship that product to:

(a) a California consumer; (b) an address in California; or (c) a third party who then ships the

product into California.

Private citizens, as well as the Attorney General and local district attorneys, may sue to enforce

Proposition 65. A business is likely to face an environmental organization or a “bounty-hunter”

plaintiff rather than or in addition to a public prosecutor. Private and public plaintiffs alike seek

attorneys’ fees as well as penalties.

In 2021, the herbal product and dietary supplement industry experienced the most aggressive

enforcement of Proposition 65 by private plaintiffs. For example, a single enforcer or bounty

hunter, which has been targeting the dietary supplement and herbal product market, issued over

200 Proposition 65 notices of violation in 2021. Some companies paid as much as $300,000 to

this bounty hunter to resolve the allegations in the notices of violation.

PROPOSITION 65 WARNING OBLIGATIONS

Golden Needle vendors identify and notify us about certain products that currently require a

warning for compliance with Proposition 65 when shipped into the State of California. A warning is listed online of those products and set forth on each product page, which is subject to change.

Your Proposition 65 Warning Obligations

As a condition of the right to continue to sell the products listed as a Prop 65 warning item, you must comply with the following Proposition 65 warning requirements:

1. A Proposition 65 compliant warning will be placed on the product label by Golden Needle for

all of the products identified above if shipped into the State of California directly by Golden Needle. You agree that you will not obscure or remove the Proposition 65 warning label.

2. If you are purchasing from outside of California and selling any of the products listed as a Proposition 65 item into the State of California, you agree to apply a Proposition 65 compliant warning sticker to the products at the time of shipment if the product label does not have a Proposition 65 warning.

3. You agree to provide a Proposition 65 compliant warning to California purchasers prior to

any online purchase on your website. The warning may be on the product display page or

prominently displayed to the California purchaser at any time prior to the customer’s completion

of the online purchase.

4. You agree to provide any resellers with notice that the products on the Proposition 65 list require a Proposition 65 warning when sold into California and when sold over the internet to California consumers, before they complete the purchase.

Indemnification

By placing an order you are agreeing to our terms and conditions which includes you hereby agree and acknowledge your obligations to protect, defend, hold harmless and

indemnify Golden Needle from and against any and all claims, demands, lawsuits, actions,

proceedings, liabilities, fines, penalties, fees, costs, losses, and expenses (including without

limitation, attorney’s fees and costs) arising out of or relating to your alleged failure or failure to

comply with Proposition 65 and any of the duties enumerated above. This agreement shall be governed by the laws of the State of California.

Disclaimer: The information contained in this document is not and should not be considered

legal advice. It is important that you pay close attention to the developing law of Proposition 65

and seek the advice and assistance of experienced legal counsel in addressing your company’s

compliance with Proposition 65.