Warning labels are made for two reasons: one is to let the public know the dangers and health risks of the product and the second is to protect producers of the product from being liable.
If you are in the production and sales industry in California, export products to California and abroad, or in the e-commerce industry for California consumers, then you need to be aware of Proposition 65, a proposition administered by the Office of Environmental Health Hazard Assessment (OEHHA).
Proposition 65: Safe Drinking Water and Toxic Enforcement Act of 1986
“Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.”
If the product can expose the consumer to any chemical substances, it must have a warning label indicating that the consumer may be exposed to certain chemicals that are known to cause birth defects or other reproductive harm. If you fail to provide warnings, you will get penalized and could face possible lawsuits.
Prop 65 came into effect on August 30. It requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. This list must be updated at least once a year and has grown to include around 900 chemicals. If businesses fail to update the warning label, each violation could be as high as $2500 per violation per day, and on top of that, you could get sued!
Previous warning label
(Sample, for reference only)
Current warning label, after August 30
(Sample, for reference only)
Some of the changes from the previous warning label to the current one include the addition of the warning logo, the official government website, and the names of the chemical substances. Strict regulations can be found on the website.
Several industries have already been in contact with their producers to inform them to reexamine the chemical composition of the products and to make sure it complies with the new proposition.
Please note that KCAL is not an expert in this field. We are here to share this important information to remind business owners with industries in this field to pay attention to Prop 65.
If you have questions regarding this proposition, you can go to the official government website https://www.p65warnings.ca.gov and/or consult a legal attorney.
KCAL Insurance Agency has over 30 years of experience in the insurance industry and handles thousands of businesses in Southern California. KCAL provides comprehensive workers’ compensation and commercial insurance plans, as well as risk prevention strategies, carrying a wide range of products to meet the various needs of different industries. As a KCAL client, you have the opportunity to receive free legal consultation provided by professional business and labor law attorneys, helping you reduce and clear any potential labor law lawsuits.