eBay

lotzofuniquegoodies · ‎08-29-2018

This message just popped up on an item I as was using Sell Similar. Appears to be added to all listings going forward. Does not require data input but unable to remove.

California Prop 65 Warning

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. ... Proposition 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.

Will it ever end and what are the repercussions if we do not catch this when we are listing an item?

-CM

hlmacdon · ‎08-29-2018

@lotzofuniquegoodies wrote:

Will it ever end and what are the repercussions if we do not catch this when we are listing an item?

-CM

Not really, it's all part of Ebay pretending to be a retailer and Xeroxing Amazon. Expect more warnings across product categories that are using the catalog. These should be auto inserted by product type so you shouldn't have anything to worry about as a seller. For sales into the US in general or specific states there are mandated warnings that should be shown/disclosed for various products.

femmefan1946 · ‎08-29-2018

Not a lawyer, but eBay is based in California, so that is probably why it is appearing.

A Proposition is a sort of referendum, and CA will have elections (and referenda ) in November 2018, which is probably why it is appearing.

IF it passes, California law does not effect any business outside of California, just as Canadian law does not affect CA.

The first onus appears to be on the state to publish the list of affected products.

The second onus would be on businesses selling products in CA which include those products.

The only question in my mind would be whether Californians importing products for their own use would be subject to the law (should the Proposition pass and become a law).

For example, on my Facebook feed, someone clearing his late aunt's home discovered some mid-50s artificial snow (a Christmas decoration) made from asbestos. Could a Californian import that from Canada under this proposed law?

lotzofuniquegoodies · ‎08-29-2018

The "pettiness" on some of the items that get pulled or are so-called questionable is getting a bit <use imagination here>. The possible grief caused by a snow globe. Oye vey!! I had a handmade decorative jewelry box souvenir I purchased at a yard sale a while back made in of all places Kuba(sp). Was even personalized with the past owners' (common) name. At the time there were other similar items from the same location also listed. Not sure if any of those got pulled. So thought no big deal. Canadians are permitted to travel to Kuba(sp). Because eBay is a US company it caused the kerfuffle because of their past history. Heaven forbid I try to sell a set of lawn darts. It's just making the problem of trying to list an item with due diligence a very difficult process.

-CM

PS. Currently, there are hundreds of other items from Cuba listed and selling.

pjcdn2005 · ‎08-29-2018

It isn’t a proposed law, it was passed in 1986. The way I understand it they made ammendents in 2016 to it that are to go into effect on Aug 30, 2018. The ammendments require that warnings be posted about certain chemicals that may cause cancer or birth defects.

The original law was passed referred to drinking water but I get the impression that it also refers to products that aren’t ingested. I tried reading about how it works and who it affects but I’m confused at this point.

lotzofuniquegoodies · ‎08-29-2018

If these constant add-ons/modifications/changes/updates are going to be added to our running listings, shouldn't we as sellers be informed BEFORE they suddenly appear? Maybe some sort of advanced warning that includes an explanation and how to proceed going forward. When I do a search in help, nothing displays.

-CM

hlmacdon · ‎08-29-2018

@lotzofuniquegoodies wrote:
If these constant add-ons/modifications/changes/updates are going to be added to our running listings, shouldn't we as sellers be informed BEFORE they suddenly appear?

That would imply that ebay has a CTO that believes in documentation and sharing of information to the end user, which clearly they do not. There are going to be a lot of bumps ahead as they tack on various things but I wouldn't sweat it too much. Just ensure the essentials like your prices and descriptions are correct. Ebay has the liability for compliance, not you as the seller.

kawartha-ephemera · ‎08-29-2018

@pjcdn2005 wrote:
It isn’t a proposed law, it was passed in 1986. The way I understand it they made ammendents in 2016 to it that are to go into effect on Aug 30, 2018. The ammendments require that warnings be posted about certain chemicals that may cause cancer or birth defects.

The original law was passed referred to drinking water but I get the impression that it also refers to products that aren’t ingested. I tried reading about how it works and who it affects but I’m confused at this point.

Encountered this new specific preparing a few postcard listings this afternoon and thought what the heck?? Also looked up this California regulation and came away with a headache.

Are we now expected to research what dangerous chemicals could possibly lurk in or on our products?

pjcdn2005 · ‎08-29-2018

eBay .com does have an annoucement on this although it doesn’t give a ton of details.

https://community.ebay.com/t5/Announcements/Updates-to-California-Proposition-65-Going-into-Effect/b...

According to the website that eBay links to in that announcement, the rule affects a business with 10 or more employees.

Proposition 65 requires the State of California to maintain and update a list of chemicals that can cause cancer, birth defects or other reproductive harm. Businesses with 10 or more employees that expose individuals to listed chemicals through their products or operations generally must provide warnings.

https://www.p65warnings.ca.gov/businesses

silverpinups · ‎08-30-2018

Appears to be added to all listings going forward. Does not require data input but unable to remove.

I just listed an item tonight and the "California Prop 65 Warning" was in the Item Specifics on the create a listing page but when the listing went live there was no sign of it in the Item Specifics section so I wouldn't worry about.... at least in the categories that I list in.

momcqueen · ‎08-30-2018

https://www.ecommercebytes.com/2018/08/28/new-california-regulation-hits-ebay-sellers/

lotzofuniquegoodies · ‎08-30-2018

My concern is they keep on adding these fields that may or may not be required. They could be inadvertently removing fields from some items that are important(item specifically critical) without realizing due to the limit of 25. Then you have to go to the job of checking to see what fields are really displaying. Would be nice if we had the option IF they didn't apply to delete as we see fit. But can't see that happening. I've come across a few listings where eBay has added fields that I had added ages ago. Very easy to miss duplicates.

-CM

ypdc_dennis · ‎08-30-2018

Are any businesses exempt from Proposition 65?

Businesses with fewer than 10 employees are exempt from Proposition 65’s warning requirements...

Source: https://www.p65warnings.ca.gov/frequently-asked-questions-businesses

muscoviteman · ‎08-30-2018

"Businesses with fewer than 10 employees are exempt from Proposition 65’s warning requirements..."

...but eBay has more than 10 employees...

cumos55 · ‎08-30-2018

The question becomes.....

Does California consider eBay as one large selling centre, where everyone selling is a part of one big business?

OR... Is each seller viewed as a unique and separate business within a selling venue called eBay?

My store is registered as a business in Manitoba, and is an independent business that pays "rent", the cost of having a store, on eBay

lotzofuniquegoodies · ‎08-30-2018

Technically if we are considered "Employees" of eBay, where do we line up to ask for a raise? Heyyyy, maybe even holiday pay? Hmmm???

-CM

PS. This one's probably going to come off my next paycheque.

ypdc_dennis · ‎08-31-2018

@cumos55 wrote:
Does California consider eBay as one large selling centre, where everyone selling is a part of one big business?
OR... Is each seller viewed as a unique and separate business within a selling venue called eBay?

Sellers are separate businesses.

Otherwise eBay would be the one responsible to fill out the Prop 65 section, not the seller.