August 2018 Proposition 65 Labeling Change Requirements Quickly Approaching – Are You Ready?
April 16, 2018
Dramatic changes to California’s Prop 65 warning regulations will take effect on August 30, 2018. The new regulations significantly alter the safe harbor rules for providing Prop 65 warnings. If you are a company that sells product in California, you will need to prepare now as products manufacturing after August 2018 need to consider the new labeling changes. Proposition 65 affects many industries including food, drug, consumer product, cosmetic, agricultural products, medical device manufacturers, workplaces and commercial businesses.

What are the Most Significant Changes to the Prop 65 Warnings?

Currently, most Prop 65 warnings simply state that a chemical is present that causes cancer or reproductive harm, but they do not identify the chemical or provide specific information about how a person may be exposed or ways to reduce or eliminate exposure. With the new requirements, warnings will have to say that the product “can expose” users to a chemical(s).

The new warnings will also need to include three elements:

  • The name of at least one listed chemical that prompted the warning.
  • Link to the state’s Prop 65 internet site, which includes additional information on the health effects of listed chemicals and ways to reduce or eliminate exposure to them.
  • A triangular yellow and black warning symbol (can be white and black only if the label for the product does not use the color yellow).

The new warning regulation also:

  • Adds new “tailored” warnings that provide more specific information for certain kinds of exposures, products, and places.
  • Provides for website warnings for products purchased over the Internet prior to completing purchase. 
  • Provides for warnings in languages other than English in some cases.
  • Clarifies the roles and responsibilities of manufacturers and retailers in providing warnings.

How Exponent Can Help

Exponent can work with companies to address a variety of Prop 65 issues including:

  • Assistance in developing Prop 65 compliance programs and strategies.
  • Product line assessment to help determine if products contain Prop 65 listed chemicals
  • Assessing consumer, worker, and residential exposures, and consumer dietary consumption, including use of food market basket studies. 
  • Conducting product testing and use simulations for comparison to Safe Harbor Levels. 
  • Providing toxicological support for proposed Prop 65 listings and de-listings. 
  • Evaluation and development of Safe Harbor Levels 
  • Conducting Safe Use Determinations for submittal to The California Office of Environmental Health Hazard Assessment (OEHHA). 

OEHHA is the lead agency for implementation of Prop 65 and may adopt and modify regulations as necessary. Warnings are not required provided the manufacturer has conducted a risk assessment that proves that the level of exposure is less than an amount that would pose a significant risk and is below the Safe Harbor Level. For more information, please see the website.