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Prop 65 Violations by Amazon Add up as Retailer Is Hit With New Notice

Online retailer amazon.com has been hit with another notice accusing the company of violating California’s Proposition 65, a law requiring businesses to notify Californians about significant amounts of chemicals “in the products they purchase, in their homes or workplaces, or that are released into the environment.”

The latest violation notice — filed on Aug. 10, 2017 — targets the ZOONAI portable waterproof cosmetic makeup bag, which according to Safe Products for Californians, contains Di(2-ethylhexyl)phthalate (DHEP). Despite containing the Prop 65 chemical, the item for sale on amazon.com does not provide a “clear and reasonable warning” about the toxic effects of consumers’ exposure to the chemical.

“Without proper warnings regarding the toxic effects of exposures to the listed chemicals, California citizens lack the information necessary to make informed decisions on whether and how to eliminate (or reduce) the risk of exposure to the toxic chemical from the reasonably foreseeable use of the products,” states the violation notice served by Safe Products for Californians.

Exposure to Di(2-ethylhexyl)phthalate, commonly referred to by the acronym DEHP, poses the greatest risk to young males’ reproductive system, according to medicine.net.

DEHP is used as a softener in many products made of PVC plastic, such as toys, vinyl shower curtains, beauty products and car seats.

Acting in the interest of the general public, Safe Products for Californians sent a 60-day notice of Prop 65 violations by Amazon, informing the online retailer that it is selling a product containing Di(2-ethylhexyl)phthalate (DHEP) without “clear and reasonable warnings” about the toxic effects of exposure to and from the substance.

In an effort to keep residents informed about exposure to toxic chemicals, California voters approved the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition 65, or Prop 65. The initiative also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.

Prop 65 requires the state to annually publish a list of chemicals known to cause cancer or birth defects or other reproductive harm, according to the California Office of Environmental Health Hazard Assessment’s website. The list has expanded to some 900 chemicals since its first publication in 1987.

Though the California Attorney General’s Office enforces Prop 65, any individual acting in the public interest may also enforce the law by filing a Prop 65 lawsuit against a business alleged to be in violation of this law.

Penalties for violating Proposition 65 by failing to provide notices can be as high as $2,500 per violation per day.

Prop 65 violations by Amazon have been plentiful, according to the California Department of Justice. The agency’s website lists pages upon pages of Prop 65 violations by Amazon, predominantly for products containing lead or Di(2-ethylhexyl)phthalate (DEHP).

The California Office of Environmental Health Hazard Assessment published its most recent Prop 65 list of toxic chemical on July 7, 2017.

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