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SIGNIFICANT CHANGES COMING TO CALIFORNIA PROPOSITION 65 FOR CONSUMER PRODUCTS

The California Proposition 65 “safe harbor” warning requirement will undergo significant changes later this year for products that are manufactured on or after August 30, 2018.

The law, commonly known as “Prop 65”, requires companies to provide a “clear and reasonable” warning to consumers for products sold in California that contain a chemical(s) on the Prop 65 list. The warning must be visible to the consumer before any exposure occurs.

With regard to warnings that are placed on signs, websites and labels, the new law will change the required warning language and formatting as well as require a company to name at least one Prop 65 listed chemical that is in the product. With regard to “on-product” warnings, an abbreviated warning will be permitted which does not require the identification of a specific chemical. In addition, there are specific requirements regarding purchases made over the internet and via catalogs, as well as for food and alcoholic beverages.

As an alternative to providing the required warning on the product, manufacturers, producers, packagers, importers, suppliers and distributors have the option of satisfying the law by providing a written notice to the retailer that includes all of the necessary warning materials (e.g., labels, etc.) along with additional required information. Such notice must also be renewed as specified in the regulations.

Please feel free to contact David J. Evan with any questions regarding these changes.

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