New Warning Label Laws are For Real

California’s PROP 65 – Are You Prepared?

Proposition 65 (Prop 65) is a California law that gives consumers and their attorneys the ability to sue businesses that do not include a warning label on products that contain chemicals associated with cancer and birth defects as defined by the California Office of Environmental Health Hazard Assessment (OEHHA). The OEHHA list of chemicals requiring a warning label now contains over 800 separate elements and chemicals. Since its introduction in 1986 the law has spawned a predatory trial lawyer industry focused on using the law to net large settlements. The only companies safe from the reach of Prop 65 are those not producing or selling merchandise in California. Beginning in August 2018, even tougher guidelines take effect which could require you call out the actual name of a specific chemical or element on your warning labels. If you have not prepared for the new guidelines, time is running out. Put this link Prop 65 Information to SEMA’s webpage on Prop 65 and keep abreast of the latest news and helpful information related to the new labeling laws. The page even has suggested label formats and language, including suggestions on a “truncated label” and instances when it might be used.

Please do not take this lightly. Fines are imposed PER OCCURRENCE. One product on the shelf equals one fine; 300 products on the shelf equals 300 fines. The cost of labeling could easily outweigh the potential fines and penalties. See more at Prop 65 Information