[identity profile] msmanuscript.livejournal.com posting in [community profile] artists_beware
I’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?

Date: 2012-03-09 08:43 pm (UTC)
From: [identity profile] fenrirs-child.livejournal.com
If it was me, I'd look for a glaze/paint that doesn't have the warning and is food safe. Personally, I'm hesitant to buy handmade things like this unless they specifically say they're made with non-toxic paints and glazes, so it could be seen as a selling point that you're using safe materials.

edited for clarity
Edited Date: 2012-03-09 08:47 pm (UTC)

Date: 2012-03-09 09:02 pm (UTC)
From: [identity profile] skirtandzy.livejournal.com
If it warns you about it, I'd warn your customers about it.
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.

Date: 2012-03-10 08:53 pm (UTC)
From: [identity profile] thistle-chaser.livejournal.com
Unrelated, but hello cat-in-fez icon buddy! :D

Date: 2012-03-09 09:21 pm (UTC)
From: [identity profile] teekchan.livejournal.com
I don't buy anything unless I KNOW it's safe, so I rarely buy things like this online.

What happens if someone carrying a baby buys one of your products thinking it's safe?

Date: 2012-03-09 09:37 pm (UTC)
From: [identity profile] meeka-meerkat.livejournal.com
If it's glaze, it's probably dangerous only when it's liquid. After you fire it, it's most likely safe. If it states that it's good for tableware, then you're probably good!
Edited Date: 2012-03-09 09:38 pm (UTC)

Date: 2012-03-09 10:37 pm (UTC)
From: [identity profile] ursulav.livejournal.com
Yeah, I'd double check on the glaze. We used a lot of glazes that were hellishly bad for you in powder form, where you could inhale them, and which were completely inert once fired.

Date: 2012-03-09 10:45 pm (UTC)
From: [identity profile] foxxieangel.livejournal.com
This! I used glazes in school like this for making usable crockery.

Date: 2012-03-09 10:53 pm (UTC)
ocelotish: A girl with an ocelot on her shoulders (Default)
From: [personal profile] ocelotish
Oh! This!

If it's good for tableware, it's good for a glass, so it'd be good for an ocarina.

Date: 2012-03-10 03:36 am (UTC)
From: [identity profile] maui-dolphin.livejournal.com
Some glazes are leaded and will run off if exposed to acidic conditions(orange juice, tomatoes)

Date: 2012-03-09 09:47 pm (UTC)
From: [identity profile] aerospiritual.livejournal.com
You should definitely include the warning label with the product materials, or if its something to be worn, or is in contact with the skin, use a safer material. ESPECIALLY when it comes to jewellery such as earrings, since they can leech into the body through constant contact with the skin- that's why don't ever see earrings made out of plastics.

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.

Date: 2012-03-09 10:12 pm (UTC)
From: [identity profile] mahadri.livejournal.com
India ink has a Prop 65 warning, and some well-known fursuit makers prefer it over black acrylic for airbrushing.

Date: 2012-03-10 04:48 am (UTC)
From: [identity profile] mahadri.livejournal.com
No, but the brand they use might not have a prop 65 warning.

Date: 2012-03-10 04:51 am (UTC)
From: [identity profile] mahadri.livejournal.com
The bottle I picked up from a Hobby Lobby outside of CA has a Prop 65 sticker, but I am unable to find warnings on inks available for purchase online. It could be this particular brand.

Date: 2012-03-10 10:10 am (UTC)
From: [identity profile] thaily.livejournal.com
That is crazy.

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.

Date: 2012-03-09 10:24 pm (UTC)
From: [identity profile] cynicallia.livejournal.com
Definately include the warning. I live on the East coast and some of the products I buy (and avoid buying) have that same warning that references California's statement about being carcinogenic. Is there an alternative ye could use on request, perhaps for an extra fee? Just play it safe, and be honest with your customers.

Date: 2012-03-09 10:53 pm (UTC)
ocelotish: A girl with an ocelot on her shoulders (Default)
From: [personal profile] ocelotish
First off, look up stuff in the MSDS. Figure out if it's dangerous or not, compare to table salt or something harmless.

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

Date: 2012-03-10 01:01 am (UTC)
From: [identity profile] taasla.livejournal.com
Everything here.

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.

Date: 2012-03-10 12:44 am (UTC)
From: [identity profile] sorcererhuntres.livejournal.com
Swarovski crystals have a prop 65 warning and people seem to buy hand made items with those all the time. I live in CA and like you i pretty much ignore the warning lol

because it's literally plastered everywhere

Date: 2012-03-10 03:34 am (UTC)
From: [identity profile] onesteptwo.livejournal.com
It IS plastered everywhere. >> I swear, California thinks everything will kill you down there.

Date: 2012-03-10 03:40 am (UTC)
From: [identity profile] sorcererhuntres.livejournal.com
Seriously. And I like how people DON'T notice. I work for a crystal shop, we sell swarovski crystals. I'll be having a sale, and people will notice the warning and be like OH MY GOD THESE CAUSE BIRTH DEFECTS AND CANCERRRRRR!!!!!!!!!!!1111111111

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|;;

Date: 2012-03-10 01:33 pm (UTC)
From: [identity profile] onesteptwo.livejournal.com
Yeah .... I live in Eastern Canada and I know California is paranoid. :P I wonder how they make the claim with the crystals though?

Date: 2012-03-10 02:06 pm (UTC)
From: [identity profile] bladespark.livejournal.com
Because in *powder* form the stuff they're made from is actually pretty darn bad for you. :P So don't grind them up and inhale them. As if anybody would! But that's what MSDS sheets are like. Everything is going to kill you. The sheet for silica sand makes out sound like the most dangerous thing EVER. And it's sand. Like at the beach. It's completely ridiculous.

Date: 2012-03-10 03:33 pm (UTC)
From: [identity profile] marus-puppy.livejournal.com
When I was taking organic chemistry, we had to look up the MSDS sheets for everything we were working with in lab. 90% of them said "may cause cancer if inhaled, comes in contact with skin, etc" so it was like "Well... 30 years down the line when I get cancer, I know where it came from!"

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.

Date: 2012-03-10 11:05 pm (UTC)
ocelotish: A girl with an ocelot on her shoulders (Default)
From: [personal profile] ocelotish
YUP! Pretty much this!

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?

Date: 2012-03-10 11:11 pm (UTC)
From: [identity profile] onesteptwo.livejournal.com
I gotta say, that's one of those Darwin moments. Anyone who is going to randomly grind up crystals and snort them ... well, evolution at its finest.

Date: 2012-03-10 04:52 am (UTC)
From: [identity profile] gamerfox.livejournal.com
Prop 65 today is pretty much just a vehicle for lawyers that specialize in Prop 65.

Date: 2012-03-10 05:53 am (UTC)
From: [identity profile] candychic125.livejournal.com
I don't remember where, but I know I saw a glaze that's non-toxic, lead free, and safe to paint on dishes and glasses. It's also dishwasher safe. Maybe you can do a search on that. Also, I've recently seen inks and paints that say they are compliant with toy manufacturing standards. You know how little kids love to put things in their mouths. That's the main thing I wanted to say, sorry if it wasn't too helpful.

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

Date: 2012-03-10 10:14 am (UTC)
From: [identity profile] thaily.livejournal.com
Judging from responses, I think the prop 65 stuff might just be overblown legal hogwash. If I were you I'd make a list of materials, put a * behind the ones with a warning label and add a footnote, maybe with a link to a wiki page about it, especially if the wiki page discusses any controversy around prop 65.

Date: 2012-03-12 04:38 pm (UTC)
From: [identity profile] linksage.livejournal.com
Well according to that label it's only dangerous if you live in California.

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

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