PPB March 2018

requires the following: • A triangular warning symbol with an exclamation point; the color yellow must be used inside the triangle if yellow is also used in the product’s packaging; • The word “WARNING” must be included in the label; • The specific risk of harm, such as cancer, birth defects and/ or reproductive harm; or both cancer and reproductive harm; • A reference to the new OEHHA California Prop 65 warning website located at www. P65Warnings.ca.gov. Disclosing the health risk: Although identifying the health hazard posed by the chemical in the product is not a new requirement, the short form label is much more direct. With the simple mention of cancer or reproductive harm, it sends a stronger message to the consumer about the chemical and the harm posed from exposure. Providing separate internet and/or catalog warnings: These must be provided to consumers prior to or during the purchase. Therefore, if you sell products directly to consumers through the internet or a catalog, you must now provide a warning label that is identical to the one applied to the product, and the website or catalog warning should be prominently displayed before the consumer completes the purchase. As a courtesy, suppliers and distributors with business-to-business websites and catalogs should also provide warnings to clients to prevent unpleasant surprises when they receive products with Prop 65 warning labels on them. Transparency and early disclosure will help your customer make better informed purchasing decisions. How To Comply With The New Requirements There aremany steps every supplier and distributor should take to protect their company fromProp 65 violations. Although there is no one-size-fits-all approach to product compliance, especially with Prop 65, there are some fundamental steps that every business should seriously consider tomanage their risk. The following can be used as a road map for your Prop 65 compliance program. For the sake of brevity, all upstream factories and suppliers are identified as “vendors.” To Label Or Not Label? This is perhaps the first major decision you must make, whether you’re a supplier or distributor. There are several factors that may influence your decision to label or not, but the most critical questions to ask are: Does your customer allow Prop 65 warning labels on its products? If “yes,” then ask if they will allow Prop 65 warnings on all products sold by you, whether or not the product is being shipped to states other than California. • If “yes,” then get it in writing from your customer that they understand that all products sold by you will contain warnings. • If “no,” then you will need to make special batches of products for California-only distribution, which can be confusing and costly. • You should decide whether to use the long-form or the short-form warning label; get approval from your customers. • You should work with your vendors to determine what chemicals are in the products that are also on the OEHHA Prop 65 List (found at www. p65warnings.ca.gov). This is important because the chemical must now be clearly identified in the warning (if you use the long-form label) and the exposure risk (cancer, birth defects or reproductive harm, or both cancer and reproductive harm) must be identified on all labels, regardless of the format you choose. • If your vendor is unaware of the chemicals and substances in the products, then third- party testing should be done to determine the chemical(s) and health risks associated with the chemicals. Under the new labeling requirements, you need to identify only one chemical and its associated exposure health risk. • Once you’ve determined the format and the contents of your warning label, then you should have the labels prepared by your vendor’s art department and have the label reviewed by a test lab for compliance. • Don’t forget to include the warnings for your products on your website and catalogs; the warnings for your webpage and catalog should match the one applied to the product. • Always inform your customers and train your sales and customer service staff on your Prop 65 policies and procedures. PPAI Product Responsibility Summit 2018 The PPAI Product Responsibility Summit offers two full days of education focused on the most pressing business implications, challenges and opportunities associated with compliance. September 16-18, 2018, Alexandria, Virginia Find details and register: ppai.org/prs | MARCH 2018 | 69 THINK