California Proposition 65 Position Statement

Beginning August 30, 2018, amendments to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as California Proposition 65, go into effect. Unilog customers who are required to adhere to these updated regulations are encouraged to contact Unilog so that we may assist with making your eCommerce website compliant.

Background

NOTE: For complete information about California Prop 65, please visit www.P65Warnings.ca.gov

Prop 65 requires businesses with 10 or more employees to provide a “clear and reasonable warning” before “knowingly and intentionally” exposing any person to chemicals “known to the state to cause cancer or reproductive toxicity” according to the Office of Environmental Health Hazard Assessment (OEHHA).

Prop 65 defines how businesses must label products they sell that contain any one of the nearly 900 chemicals identified. Failure to comply with Prop 65 exposes manufacturers, distributors, and retailers to potential liability, including penalties of up to $2,500 per day, per violation.

Some of the more significant changes to the new labeling requirements include:

  • The warning must include a black exclamation point in a yellow equilateral triangle with a black outline.
  • The word “WARNING” must appear in bold print and in all capital letters.
  • The warning must include the full chemical name of at least one chemical found in the product that is identified by OEHHA that is known to cause cancer or birth defects or other reproductive harm. If the product contains a chemical on both lists, at least one chemical from each list must be identified.
  • An example of the “new” safe harbor warning should read as follows:

WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer [and] [or] [birth defects or other reproductive harm].

For more information, visit www.P65Warnings.ca.gov

  • If a warning is placed on the product, a short form warning is permitted that does not need to name the identified chemical (but the triangle and “WARNING” are still required).
  • An on-product “short form” warning must appear in a type size in at least 6-point type and must be a type size no smaller than the largest font size used for other consumer product information affixed to the product. A short-form warning label may be used on any size product.
  • An example of a compliant truncated short-form “on product” warning should read as follows:

WARNING:

Cancer and Reproductive Harm—

For more information, visit www.P65Warnings.ca.gov

  • Consumer products sold over the internet must provide a warning on the website to the consumer prior to completing the purchase and include a short-form warning on the product or full warning on the label meeting the requirements discussed above.
  • If a consumer product label or packaging contains consumer information in a language other than English, the Prop 65 warning must also be provided in that language in addition to English.
  • The amended regulations provide specific warning methods and content for certain products (including food, dietary supplements, alcoholic beverages, furniture) and types of exposures (including restaurants, dental care, wood dust, diesel engine, enclosed parking facility, amusement parks, service stations, hotels).

Unilog Can Help

Unilog is here to help customers ensure compliance with the amended Prop 65 regulations. If you require changes to how you display product information on your eCommerce website, please contact your Client Services Manager (CSM) to begin the process.

Unilog charges a flat fee of $1,200 for all Prop 65 development work, which includes updates to both CIMM2 and your eCommerce site. This work will allow for the updated Prop 65 warning label to display on the Product Lists page, Product Detail page, Shopping Cart, and Order Confirmation page of your site.

Customers with a mobile app for their eCommerce site will be charged an additional $300 to have the proper warnings appear on that app.

Unilog estimates the development effort at one week, including Quality Assurance testing.

If you are an Affiliated Distributors (AD) member and subscribe to AD’s digital content catalog, Unilog will write a script that fetches the Prop 65 message for relevant items and update that attribute on your eCommerce site.