Advice on material warnings.
Mar. 8th, 2012 07:25 pmI’ve been making some items to sell on my Etsy as of late, and have been storing up pictures and descriptions and prices lists to start getting my store going soon. As I was going through and creating a materials list, I came across a warning label. One that many of us are familiar with.
“WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.”
I live in California, and I don’t know about others here, but I’ve come to see them so often I just ignore them now. But it got me thinking; I’m going to be selling to people both inside and outside of California.
Should I list this warning on items that are using materials that have this warning? Am I able to be held legally accountable for said items should something come up later down the line? Would you (hypothetically) as a customer be turned off from buying my product if you saw this warning somewhere on the listing? Is putting this warning on my listing a good idea/bad idea? Do I even NEED to do it? Is it something that should be taken into account when shipping outside of the USA?
Some items I already have listed as “do not ingest” or “do not put in mouth.” But some of them actually DO go in the mouth (this warning appears on a label for a pottery glaze that I’m using for ocarinas I’m making. So the mouthpiece does come into contact with saliva and the tongue. The label[s] however does not say anything about food safety other than the Prop 65 warning.) Others do make contact with the body, but not the mouth, such as earrings and other jewelry. Ideas?
“WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.”
I live in California, and I don’t know about others here, but I’ve come to see them so often I just ignore them now. But it got me thinking; I’m going to be selling to people both inside and outside of California.
Should I list this warning on items that are using materials that have this warning? Am I able to be held legally accountable for said items should something come up later down the line? Would you (hypothetically) as a customer be turned off from buying my product if you saw this warning somewhere on the listing? Is putting this warning on my listing a good idea/bad idea? Do I even NEED to do it? Is it something that should be taken into account when shipping outside of the USA?
Some items I already have listed as “do not ingest” or “do not put in mouth.” But some of them actually DO go in the mouth (this warning appears on a label for a pottery glaze that I’m using for ocarinas I’m making. So the mouthpiece does come into contact with saliva and the tongue. The label[s] however does not say anything about food safety other than the Prop 65 warning.) Others do make contact with the body, but not the mouth, such as earrings and other jewelry. Ideas?
no subject
Date: 2012-03-09 08:43 pm (UTC)edited for clarity
no subject
Date: 2012-03-09 09:02 pm (UTC)If you knowingly sell and item that could cause an issue down the line, and do not disclose this information, you could possibly be held responsible, were they to press legal charges.
In today's litigation-happy society, the more you can do to cover your ass, the better.
no subject
Date: 2012-03-10 08:53 pm (UTC)no subject
Date: 2012-03-09 09:21 pm (UTC)What happens if someone carrying a baby buys one of your products thinking it's safe?
no subject
Date: 2012-03-09 09:37 pm (UTC)no subject
Date: 2012-03-09 10:37 pm (UTC)no subject
Date: 2012-03-09 10:45 pm (UTC)no subject
Date: 2012-03-09 10:53 pm (UTC)If it's good for tableware, it's good for a glass, so it'd be good for an ocarina.
no subject
Date: 2012-03-10 03:36 am (UTC)no subject
Date: 2012-03-09 09:47 pm (UTC)I don't know if it's the same with small businesses, but where I work, in the construction industry, contractors have to supply us with a list of building materials they're using as well as copies of the Material Safety Data Sheets and the content listings so it's on record what has gone into a construction[and holy crap, there's some seriously scary stuff they use in building construction].
By not including a warning for these products you could be setting yourself up for some legal problems *should* someone get sick or discover that they bought an item they otherwise thought was safe. It's why warning labels exist in the first place. xD
SO YES. Include the warning.
no subject
Date: 2012-03-09 10:12 pm (UTC)no subject
Date: 2012-03-09 10:22 pm (UTC)no subject
Date: 2012-03-10 04:48 am (UTC)no subject
Date: 2012-03-09 11:18 pm (UTC)no subject
Date: 2012-03-10 04:51 am (UTC)no subject
Date: 2012-03-10 10:10 am (UTC)India ink is probably one of the safer, least toxic art supplies available. I'd daresay you're less likely to pick up cancer from India ink than you are from say.. Sunlight. If only by degree of exposure. I can't imagine how much India ink someone would have to be exposed to, to feel ill effect. And I work with it almost daily.
I guess it's more of a response to a sue-happy society than it is a sincere warning against a real threat :/
Not arguing with you mind, I'm just.. Mind blown.
no subject
Date: 2012-03-09 10:24 pm (UTC)no subject
Date: 2012-03-09 10:53 pm (UTC)As for stuff that says "do not ingest/put in mouth" honor that and warn if you are using it on stuff that goes in the mouth. (As opposed to say... an oil painting) If it's just "Is known in the state of CA to..." then, you don't need to warn unless it's going to CA (or at least I can't imagine why not).
As for whether or not it would deter me or not, not really. I use a lot of paints that say that, and while I'm not reckless about them I say "Luckily I'm not in California!" :D
no subject
Date: 2012-03-10 01:01 am (UTC)I would make a booklet containing the MSDS sheets of everything you use. Update this when you get new products to use for your records.
no subject
Date: 2012-03-10 12:44 am (UTC)because it's literally plastered everywhereno subject
Date: 2012-03-10 03:34 am (UTC)no subject
Date: 2012-03-10 03:40 am (UTC)And then i have to explain to them, that they're pretty safe to touch and be around. I mean, unless you EAT them. 8|;;
no subject
Date: 2012-03-10 01:33 pm (UTC)no subject
Date: 2012-03-10 02:06 pm (UTC)no subject
Date: 2012-03-10 03:33 pm (UTC)I know cancer's not really something to be joking about, but at the same time pretty much anything will give you cancer if you're around it long enough.
no subject
Date: 2012-03-10 11:05 pm (UTC)You always need to include "safe" stuff like table salt and silicon, etc. because MSDSs bring death. Realistically acetone is probably a good one to include as something where if you do really, really stupid stuff, it could hurt you, but it's still safe enough to learn on your nails.
Does anyone remember that description of the dangers of dihydrogen monoxide?
no subject
Date: 2012-03-10 11:11 pm (UTC)no subject
Date: 2012-03-10 04:52 am (UTC)no subject
Date: 2012-03-10 05:53 am (UTC)But yeah, if it comes with a hazard warning, you should look up the MSDS. It might be inert after its cured (in which case you would no longer need the warning), but like others have pointed out, it might be reactive to common household items.
As a consumer, it wouldn't scare me if you were to state that warning. I'd actually appreciate it. As a seller, I would at least have all MSDS's ready in case a customer ever asks about what glue you used or so on
no subject
Date: 2012-03-10 10:14 am (UTC)no subject
Date: 2012-03-12 04:38 pm (UTC)Smart-assery aside, yeah, you probably should pass the warning along just to cover yourself, but I've seen that label quite a bit in NY as well and I know I don't pay much attention to it either. :p