October 1, 2018

REMINDER: Prop 65 Changes In Effect In California

Over the last few months, the Metals Service Center Institute (MSCI) has received several questions about California’s new Proposition 65 regulations. The new rules are highly technical and apply differently to various companies. While we urge companies with ten or more employees (the businesses that are subject to Proposition 65) to address specific questions with legal counsel, MSCI will continue to publish resources that could be helpful to its members.

In August, The National Law Review published a step-by-step explanation to the changes. The publication noted, “the new regulations do not impact the scope of the duty to warn. If a manufacturer had no duty to warn before today, it would not be under a burden to warn in light of the new regulations.” The new rules simply change the content and distribution of warnings, when required. The new requires:

  • A warning sign to precede Proposition 65 warnings (except for warnings on foods);
  • Changing the wording of the warning to state “This product can expose you to” rather than “This product contains;”
  • The disclosure of the identity of at least one chemical per toxicity endpoint in the warning;
  • Including a link to the “Lead Agency Website” (www.P65Warnings.ca.gov) that offers additional information on Proposition 65 and listed chemicals;
  • Providing the option of a short form warning (subject to minimum type size requirements) when providing the warning on the product or its immediate container;
  • Warnings for internet and catalog sales;
  • Warnings in foreign languages if other “consumer information” is provided in foreign languages.

Click here to read The National Law Review’s full summary of these changes.