California’s Proposition 65 – Formally Known As The California Safe Drinking Water And Toxic Enforcement Act

Has been around since 1986, and it is still critically important when it comes to warning labels for products sold in California. The original intent of this legislature was to call attention to substances that could potentially cause birth defects, cancer, or reproductive issues. As this California law is meant to protect its citizens, it requires a high level of precaution from companies under its jurisdiction.

Any product that contains a substance on the list of potentially harmful chemicals must carry a warning label if it will be sold in the state of California. Proposition 65 requires that the product label alert customers to a range of potentially toxic chemicals. There is no exact required wording, but the message must clearly communicate the health risks posed by a product.

Today, the list has grown to more than 850 chemicals. In 2016, The Office of Environmental Health Hazard Assessment (OEHHA) that administers Proposition 65, updated the legislation requirements.  These changes went into effect in August of 2018, providing clear guidelines for more meaningful context on labels. If your organization sells goods in California, it’s important that you understand the new regulations, or you could face steep fines and penalties.

New Terms for California Prop 65 Warning Labels

The original OEHHA Proposition 65 found a generic warning with limited details to be sufficient. The new terms in Proposition 65 provide a detailed explanation of the updated and more explicit safe harbor warning that must now be included on labels.

Where the original requirements did not demand specific verbiage, the update mandates “can expose you to” instead of “contains.” The label must now also call out at least one of the toxic chemicals in the warning. To help educate consumers so they can better understand any risks associated with these products, the label is to include a link to the OEHHA Proposition 65 website, www.P65Warnings.ca.gov.  Here consumers will find more information about the potential health effects that are mentioned on the label.

In order to bring more attention to the importance of the warning, it must now provide detailed information on the kinds of exposure, types of products, and places. This includes a regulatory requirement for a triangular yellow warning symbol that calls visual attention to any danger. The new demand for improved disclosure extends to website warnings for products sold and purchased online.

Additionally, the warning may need to be written in multiple languages in certain cases. The update includes clarifications to ensure that manufacturers and retailers fully understand their responsibilities in providing warning information to their customers.

Prop 65 Label Warning Requirements & What the Terms Mean for Us

The goal of the recent updates was to make clear that the responsibility of proper labeling lies with the manufacturer. It is now the manufacturer’s required duty to ensure that products are clearly labeled in a way that alerts buyers to the chemical contents and their risks.  Those who ignore these more stringent labeling laws could find themselves in significant legal and financial trouble.

The more flexible requirements of the original Proposition 65 officially expired on August 30, 2018.  That means that since August 31, the new legislation is in full effect. All manufacturers must make known any harmful chemicals that could be contained in their products.

An Industry Leader and Proven Partner

Tailored Label Products is well versed in the updates to Regulation 65 and, true to our long-upheld, rigorous quality standards, our customers can rest assured that our labels are 100% compliant with the new system requirements.

While the recent changes to Proposition 65 may seem like a burden, their intent is simply to ensure the safety of everyone, including consumers and those involved with chemical handling throughout the manufacturing process. Tailored Label Products has always prioritized user safety and continues to maintain strict regulatory compliance.

As an experienced industry leader and proven partner, Tailored Label Products has achieved ISO 9001:2015 and IATF 16949:2016 certifications and guarantees the quality of our work.

Interested In A Custom Prop 65 Warning Label?

As an engineering focused custom label manufacturer, TLP can provide a custom engineered PROP 65 label that has been designed specifically to perform to your exact specifications. Some popular options include clean removable, tamper evident, durability for harsh environments.

For more information about Proposition 65 and its impact on your business, or to request information about Tailored Label Products and how we can help your operation achieve Proposition 65 compliance, contact us or click over to our view our Prop 65 labels page.