Last revised: May 20, 2024

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California Proposition 65 (Prop 65)

Donnie D’s Spices Ltd. recently learned that California Proposition 65 (Prop 65) has legal implications for us and our customers. Prop 65 is a unique California law requiring businesses to warn consumers against products that may contain quantifiable amounts of over eight-hundred possible chemicals, including lead. Unfortunately, while the law makes a distinction between chemicals that are present in food naturally and those that are added artificially or through adulteration, the cost to prove such a case reaches well beyond our capability.

Prop 65 limits for lead are nearly 1,000 times lower than those set forth by the EPA and due to the presence of lead in soil, plants of all types naturally contain this and other metals in trace amounts through no act of adulteration. Also known as ‘The Safe Drinking Water and Toxic Enforcement Act of 1986’ passed by the people of California, the intent of Prop 65 was to increase accountability by preventing people and companies from dumping toxic substances into California waters. While originally well intended, it was vaguely written and ill-conceived, now allowing a host of opportunistic lawyers to take advantage of unsuspecting retailers and manufacturers by filing a flurry of 60-Day notices alleging lead content in spice products and seeking monetary gain in the form of a very costly settlement.

While we believe that our products conform to Proposition 65, we are unable to bear the financial burden to fight this legal battle in court, especially considering the fact that more than one lawyer can send separate notices to one company for the same product on the same shelf. This form of litigation puts all businesses in a defensive position, forcing them to settle out of fear of financial ruin. Due to the seemingly endless risk and liability, Retailers, Manufacturers, Restaurants and others are posting warnings to excess which are now mostly ignored by the very people they are intended to protect. There is no way for anyone to know exactly what is safe or not safe.

Like many other companies, we are now regrettably forced to place warnings on all spice products shipped to California or shipped to customers who could sell into California. The label reads: WARNING: This product contains chemicals known to the state of California to cause cancer and birth defects or other reproductive harm. For more information on Proposition 65 please refer to Office of Environmental Health Hazard Assessment

Through regular testing of our products by our manufacturer(s), we assure you, however, that all of our products are safe and comply with federal and industry standards for safety.

Disclaimer Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, Donnie D’s Spices:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Donnie D’s Spices literature: and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Donnie D’s Spices of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Donnie D’s Spices will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to Donnie D’s Spices services and the full content of this website.

Photographic images used on our website are the property of Donnie D’s Spices. Unauthorized use is a copyright violation.

The Donnie D’s Spices logo is a trademark of this Company in the United States of America. The brand names and specific services of this Donnie D’s Spices featured on this web site are Donnie D’s

Spices LLC.

Force MaJeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General
The laws of the State of Maryland govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Maryland courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Donnie D’s Spices to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Donnie D’s Spices.

Notification of Changes
Donnie D’s Spices reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If you have questions regarding this policy, please contact us at our corporate office.

Donnie D’s Spices

Temecula, MD 21230