In this article:
- What is Proposition 65?
- How is a merchant impacted at Wish if it violates Proposition 65?
- How to display a warning to comply with Proposition 65
- Product package warnings to comply with Proposition 65
- Product listing page warnings to comply with Proposition 65
- Warning notice examples
- Proposition 65 quick links
What is Proposition 65?
California’s Proposition 65 (i.e., The Safe Drinking Water and Toxic Enforcement Act of 1986) is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. It stemmed from a ballot initiative passed by California voters in 1986, and is a toxic chemicals right-to-know law requiring a company doing business in California to place warnings on products and, if the product is sold on the internet, on web pages featuring the product. The law requires the warning when certain chemicals in the products are present in levels that could cause certain levels of exposure to the consumer.
The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 950 chemicals. The law allows private enforcers to bring notices of violation of any of 950+ chemicals it regulates, which in turn requires Wish merchants, as one option, to add warnings that the product at issue contains specific chemicals that can cause cancer or reproductive harm. Another option is to withdraw the product from California sale. Neither option exempts Wish merchants from liability for the period of time the product was sold to California consumers without a warning. The warning must be both on the product packaging and on the Wish.com/Wish app product listing page where the product is featured.
Proposition 65 requires warnings for products that contain chemicals known to the State of California to cause cancer and birth defects, or other reproductive harm. Merchants must display the following warnings on both the product/product packaging labeling itself and online in their product listing, IF the products they sell contain chemicals in this list.
How is a merchant impacted at Wish if it violates Proposition 65?
Wish merchants, and their product listings published on Wish.com or the Wish app, found to be in violation of the Proposition 65 policy are subject to various actions by Wish including, but not limited to, decreased impressions, payment withholding, removal of product listings without prior notice, or other actions as may be permitted under applicable law or Wish policy.
Wish may also seek indemnification from merchants, impose partial or full merchant account suspension, withhold funds otherwise payable to merchants, or require the merchant to assist Wish in defending against Proposition 65 notices of violations alleged against Wish by third parties.
If a merchant is found to violate this policy multiple times, the merchant may be subject to other actions by Wish including, but not limited to, account suspension or account termination.
How to display a warning to comply with Proposition 65
It is a merchant's responsibility to proactively display the Proposition 65 required warning notice on their products and in their product listings. Merchant compliance with Proposition 65 is also a requirement of selling/shipping to individuals in California via Wish platforms.
To see examples of Proposition 65 warning notices, scroll down to the section titled, “Warning notice examples.”
Note that the requirement to display Proposition 65 warnings only applies to products sold in or into the state of California in the United States.
If a merchant chooses not to comply with Proposition 65, then the merchant will need to go into Merchant Dashboard/Merchant Plus Dashboard to exclude California as a ship-to state (see how to customize “Shipping Settings”).
What follows are resources to help merchants comply with these requirements. Specific formatting and display guidelines apply to warning notices and can be found on the Proposition 65 website (see links below).
Product package warnings to comply with Proposition 65
As noted earlier in this article, the Proposition 65 website provides a warning symbol and sample text to label a product/product package for compliance. What follows is how to access both.
Download the warning symbol (see example below) in various sizes and colors from the Proposition 65 website. Also, be sure to read and follow the format and display guidelines for compliance.
Warning text and translations are also available on the Proposition 65 website. Locate the warning type that best represents the product, click on the link provided, and choose the language to copy.
Product listing page warnings to comply with Proposition 65
If a product requires a warning notice (see Proposition 65 list of chemicals), merchants can add a Proposition 65 warning to a Wish product listings or listings via Merchant Dashboard/Merchant Plus Dashboard in any of these three ways: manually edit a single product, edit multiple listings with a CSV feed file, or update via API.
Merchants are encouraged to display the warning notice in both of the following ways on a product’s Wish.com/Wish app listing page:
- As an extra image in the product’s photos
- As text in the product description.
(Wish is working on new Merchant Dashboard functionality related to Proposition 65, and will share more information when that becomes available.)
Add a warning notice image to a product listing page
The warning notice image can be a photo of the physical product’s warning label (see above, “Product package warnings to comply with Proposition 65”). As previously mentioned, the warning notice image must show the notice in its entirety, which means it must include the warning symbol and warning text. It must also align with Proposition 65 format guidelines for displaying the warning symbol with warning text.
Here’s an example of what a warning notice image might look like, according to the Proposition 65 website:
WARNING: This product contains formaldehyde, a chemical known to the State of California to cause cancer. Consult with your physician before using this product. For more information go to www.P65Warnings.ca.gov.
Follow steps on the Help Center article, “How to: Add more photos,” to add a warning image to a product’s listing page or to multiple product listing pages via a CSV file.
Add warning notice text to a single product:
The best way to display warning text on Wish platforms at this time is at the beginning of the product description field.
Follow these steps to add warning notice text to a product’s description page:
- Go to the Proposition 65 sample warning text page.
- Locate the warning type that fits the product and chemical(s)/toxin(s).
- Copy the warning text in full.
- See examples in “Warning notice examples,” above.
- Please note the symbol/image will not copy and the product description field is unable to support the image at this time.
- Please note the product description field does not support hyperlinks; include the P65 web address (www.P65Warnings.ca.gov) as displayed in the sample warning text, just know it will not be a hyperlink.
- Log in to Merchant Dashboard or Merchant Plus Dashboard.
- Go to Products > View all products (or “Add/edit products with CSV” if using a feed file).
- Paste the warning text in the product description section ahead of all other text.
- Write in the chemical(s)/toxin(s)/source(s) if prompted to do so in the text. (See parentheticals where it asks to “name” the source, toxin(s), or chemical(s).)
- Save the change.
This is what a consumer facing product description looks like with the warning notice:
Add a warning notice to multiple product listings via a CSV file:
Follow the Help Center instructions on how to update multiple products via a CSV file and copy the same steps above for a single edit, except do so in the “description” field in the CSV file.
Add a warning notice to product listings via API:
Warning notice examples
Below are some product categories and associated warning notices as examples of what might be placed in the product description field when selling a product containing chemicals deemed harmful by the State of California. Please note that some of the product categories mentioned below may be sold by certain pre-approved merchants within specific regions. Please visit https://www.p65warnings.ca.gov for more product categories that are not included in this FAQ.
NOTE: The purpose of this guidance is informational only, and as such is not intended to be professional legal or regulatory advice (and should not be construed as such). For more information, please go to https://www.p65warnings.ca.gov/.
We are providing the following warning generally for ALL consumer products linked to this page, unless a specific warning below applies to the applicable linked product category:
WARNING: This product can expose you to chemicals, which are known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
Standard consumer product Proposition 65 Warning Label/Notice
Example products include but are not limited to: food that contains acrylamide (potato chips, baked foods, canned nuts, etc.)
WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
Food and Beverage Cans
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to www.P65Warnings.ca.gov/BPA.
WARNING: This product can expose you to chemicals including [name of one or more chemicals known to cause cancer, name of one or more chemicals known to cause reproductive toxicity, or name of one or more chemicals known to cause both cancer and birth defects or other reproductive harm], which is [are] known to the State of California to cause cancer or birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/furniture.
Proposition 65 quick links
Read Wish's Merchant Policy to find out how merchants must comply with their independent obligations under California’s Proposition 65.
Visit the California Proposition 65 website for the following:
- Learn more about Proposition 65
- Read about Proposition 65 law and regulations
- Review the Proposition 65 list of chemicals
- Learn about each chemical that requires a warning
- Read about Proposition 65 for Businesses
- Download Proposition 65 compliant warning symbols and sample warning text
- Non-English warnings are also available
- Find frequently asked questions and answers
- Contact the California Office of Environmental Health Hazard Assessment (OEHHA) with questions, comments, or concerns
- Sign up for email updates to stay current on Proposition 65