Beginning August 30, new California regulations will change the way manufacturers, packagers and retailers must warn consumers about chemicals found in their products as detailed in a state law known as Proposition 65.
The new rules revise the required language and format of the warnings, as well as the ways warnings must be transmitted to consumers. The total rewrite of Prop 65’s Clear and Reasonable Warning requirements also extend the mandate to online listings for products sold via the Internet. And, the new rules also push responsibility up the production chain from retailers to the party responsible for the chemical’s presence.
For manufacturers, the new rules mean new, chemical-specific warnings on labels, signs and shelf tags, along with a newly created symbol featuring a bold exclamation point within a bright yellow triangle.
For packagers, the new regulations could mean potential Prop 65 liability for the first time. Two regulatory vectors may converge to make them liable. First, the warning requirement’s extension up the production chain to the party responsible for the chemical’s presence. Secondly, the increased potential for packaging as the chemical’s source with the addition of new Prop 65-listed chemicals such as vinylidene chloride, which is used in coffee and other food packaging materials. Moreover, manufacturers, packagers, and retailers must all review their Internet presence to add warnings for Prop 65-affected products.
Current labeling rules still apply, although many affected parties have already begun adopting the new protocols. And, existing labeling for products already in the stream of commerce is specifically exempted. However, with only four months to go, and eager litigation attorneys poised to pounce, it’s high time to retrench and retool to avoid being caught unprepared on August 30.
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