REGULATORY ALERT: Revisions to California Proposition 65 Warning Requirements

21 September, 2016

What’s Happening?

California’s Office of Environmental Health Hazard Assessment (OEHHA) Proposition 65 Warning Requirements were just revised.

How Could it Impact Me?

Clear and reasonable warnings are required on the labeling for all products in commerce, or for services rendered, that will expose individuals to chemicals that the state of California has determined may cause cancer, birth defects, and/or reproductive harm.  Businesses with 10 or more employees selling or distributing products in California are subject to these requirements.  The explicit warning labels required by this revision contain changes and provide much more detail than previously mandated under Proposition 65 regulations.  Commercial enterprises which in the course of doing business, knowingly and intentionally expose any individual to a listed chemical without giving clear and reasonable warning could face civil penalty and/or injunctive relief.  Proposition 65 chemicals requiring warnings can be components of drugs, pesticides, dyes, solvents, toys, jewelry, sporting and recreational products, and other items in commerce.

Quick Summary:

  • As of August 30th, 2018, the new warning label requirements will go into effect.  Until then, the old warning labels are in compliance.
  • The new warning label requirements apply to many types of products including food, alcoholic beverages, furniture, raw wood, dental care, prescription drugs, and places of business such as restaurants, hardware stores, and more.
  • Catalog and Internet sales are not exempt from these new requirements.
  • In cases where exposures to more than one Proposition 65 chemical are involved, at least one chemical for each endpoint (cancer and/or birth defects and reproductive harm) must be identified in the warning label.  Additionally, these warnings will be provided in non-English language(s) where appropriate.

Contact Us:

Critical Path Services can help you understand your company’s obligations under the revised Proposition 65 warning label requirements to conduct business in California, and stay in compliance with these regulations.  We can provide assistance in evaluating exposures, estimating “Safe Harbor” levels, and advise on Warnings for your products and/or services.