Is your business compliant with Proposition 65? Proposition 65 News. Photo by Kelsey Knight on Unsplash

Online wine merchants are among the businesses who must comply with new Proposition 65 rules. Photo by Kelsey Knight on Unsplash

Is your business compliant with Proposition 65? California’s Proposition 65 toxic chemical labeling law has added additional details and new warnings in recent months, adding online markets, alcoholic beverage sellers, coffee shops, jewelry stores, furniture stores and marijuana dispensaries to the mix.

Businesses must also update their Proposition 65 warnings to cover their online sales. Physical packaging is no longer sufficient.

According to the Napa Valley Register, the entire supply chain for a tainted product is also now responsible for Prop 65 violations. That includes retailers, distributors and manufacturers.

Proposition 65 was passed in 1986, requiring that warnings are placed on all products containing dangerous chemicals (such as highly toxic lead) that can cause cancer, reproductive problems, or birth defects. Private individuals can sue manufacturers that have violated this law.

New Prop 65 regulations require businesses to post a warning sign that their product can expose consumers to listed chemicals and refer them to the Office of Environmental Health Hazard Assessment. They must also have a triangular yellow alarm symbol clearly visible.

The enforcement of Prop 65 after 2004 litigation resulted in a major reduction in the amount of lead found in purses and candy, according to research at the Center for Environmental Health in Oakland. The California Health Report states that since 2004 the amount of lead found in candy has dropped from almost half tested down to 3 percent in 2009. In 2009, the amount of lead pigment found in fake leather bags and wallets was about one third. By 2016, after litigation, that number was just 8 percent.

One of the most cited candies containing lead is tamarind and chili candies from Mexico. However, since 2009, manufacturers have taken action to avoid contamination. Still, candies and foods from outside the United States should be met with some scrutiny.

Are you a business that needs clarification on Proposition 65 compliance? Please give us a call for a consultation at 951-300-2690.


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