State of California Proposition 65

WARNING: MSI products may contain a chemical known to the State of California to cause cancer.

Q1: What is California Proposition 65?

A1: In 1986, California voters approved the Safe Drinking Water and Toxic Enforcement Act known as Proposition 65. The purpose of Proposition 65 is to ensure that people are informed about exposure to chemicals known by the State of California to cause cancer, birth defects and/or other reproductive harm.

Q2: Why does MSI place a Proposition 65 warning on Website?

A2: MSI strives to comply with all applicable laws, including Proposition 65. However, it is not possible to ascertain with 100% scientific certainty, whether or not a particular product requires a warning for any one of the more than 850 chemicals on the Proposition 65 list. At the same time, the law allows any private person “in the public interest” – so-called private bounty hunters – to sue companies to enforce the law and to keep a percentage of the penalties imposed. The law’s lack of certainty about when to warn is often exploited by these bounty hunters, who file thousands of Proposition 65 lawsuits every year. Penalties can be very high; the cost of defending a case also is very high.

As a result of the potential penalties and the current private enforcement climate, MSI, as well as many other manufacturers, have elected to provide the Proposition 65 notice out of an abundance of caution in order to ensure compliance and avoid the potential for liability.

The warning does not mean that our products actually will cause any harm. Moreover, a Proposition 65 warning does not mean a product is in violation of any product-safety standards or requirements. In fact, the California government has clarified that “the fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe.” The government has also explained, “You could think of Proposition 65 more as a ‘right to know’ law than a pure product safety law.”

We believe our products are not harmful when used as designed. We provide the warning in order to comply with this California right-to-know law.