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Products shipped into the State of California are subject to Proposition 65 (“Prop 65”) or The Safe Drinking Water and Toxic Enforcement Act of 1986. Prop 65 was created through the ballot initiative process and was intended to protect residents of California and the State’s drinking water from a list of over 900 chemicals that are “known” by the State to cause cancer, reproductive harm, and/or birth defects. The chemical list and other information regarding Prop 65 can be found here: https://oehha.ca.gov/proposition-65.
Regulatory Changes – Effective August 30, 2018
The regulations include updated labeling requirements for businesses to notify consumers with “clear and reasonable” warnings of potentially hazardous chemicals present in their products.New Warning Label Requirements for ABC Products Shipped into California
Warning labels are required on all products that contain chemicals found on the State’s list and must specify that the product contains chemical(s) “known to the State of California to cause cancer, birth defects, and/or other reproductive harm.”
ABC has reviewed its product lines for compliance with Prop 65 and determined its products are subject to the Prop 65 labeling requirements. As such, the following warnings must be provided with products that are reasonably expected to enter the stream of commerce in the State of California:
Long-FormShort-FormNote: The short-form warning may be used only if affixed to the product itself, or the product packaging, and the product packaging is too small for the full warning. In all other cases, such as on signs, electronic delivery, or in catalogs, the long-form warning must be used.Warning Label Size and Placement Requirements
The warning must be provided in type size no smaller than the largest type size used for other consumer information on the product and must be no smaller than 6-point font. The label must contain the word “WARNING” in bold capital letters. The warning must include a picture of the exclamation point in a triangle on a yellow background (note: black and white is acceptable is yellow is not used elsewhere on the product label). The symbol must be placed to the left of the warning text, in a size no smaller than the height of the word “WARNING.”Internet and Catalog Warning Requirements
For Internet sales, a warning that complies with the above content requirements must be provided on the product display page, on a clearly marked hyperlink using the word “WARNING” on the product display page, or by prominently displaying the warning prior to completion of purchase. For catalog sales, the warning must also be provided in the catalog in a manner that clearly associates it with the item being purchased.Sale and Delivery of Products to California Consumers
If your company intends to sell or deliver ABC products, or use ABC products as a component of products sold and delivered to consumers in California, the above warning label must be affixed to finished goods.
The warning label must be prominently placed on the product label or other labeling with such conspicuousness, as compared with other words, statements, designs, or devices on the label, as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase and use.