PPB March 2018

O n August 30, the California Office of Environmental Health Hazard Assessment (OEHHA) will begin enforcing new warning requirements for California Prop 65. These changes apply to all products that are made after that date and contain any of the 900- plus chemicals that are on the OEHHA list as being known to cause cancer, birth defects or other reproductive harm. Numerous PPAI articles, webinars and best practice guides have reiterated that the State of California requires businesses to provide a “clear and reasonable warning” before knowingly or intentionally exposing California consumers to any listed chemicals and substances. Failure to warn against such exposures can lead to serious fines and penalties against the manufacturer and retailer. In the promotional products industry, suppliers, distributors and end buyers are all subject to liability. What Are The Changes? PPAI’s Product Responsibility Action Group (PRAG) has just published a new Product Responsibility Best Practices Guide, which can be found at ppai.org/media/1814/pr-bp- proposition-65.pdf. This new guide explains in depth all the key changes, provides templates for the new warnings and gives suppliers and distributors detailed guidance for complying with the reforms. In summary, the primary changes are these: New Wording: The most obvious change is the new wording that is required in these warnings. The new “long form” warnings must state, “This product can expose you to …,” and must name the specific chemical or substance that triggers the warning (no abbreviations of chemical names, such as DEHP, are permitted). The state does allow companies to use a much simpler “short form” label that New warning requirements go into effect on August 30. Here’s what you need to know to comply. by Leeton Lee California Prop 65 Ups Its Requirements TheStateof California requires businesses to providea “clear andreasonable warning” before knowinglyor intentionally exposing California consumers toany listedchemicals andsubstances. Failure towarn against such exposures can lead to serious fines andpenalties against the manufacturer andretailer. 68 | MARCH 2018 | THINK