Some products may contain chemicals, identified by the State of California as a cause of cancer, birth defects or other reproductive harm at certain exposure levels. Under the California law known as “Prop 65”, certain warnings to consumers in California are required where such products are sold. The presence of such chemicals in coated fabric products, even at extremely low concentrations, can lead to disputes over Prop 65 warning obligations that are very difficult to resolve. If your company intends to introduce Spradling vinyl products into commerce in California, Spradling recommends that you take steps to confirm whether the warning requirements of California’s “Prop 65” are applicable to the products in question and whether your company is complying with those warning requirements for the chemicals contained within these products.
What You Need to Know About Prop 65
Prop 65 is an initiative started in 1986 in California that requires the state to provide a list of chemicals known to cause cancer, birth defects, or other reproductive harm, and businesses to notify California consumers if these chemicals are in the products they manufacture or distribute. Businesses could receive a significant fine or face a more serious legal outcome if there is no warning where specific chemicals are sent in their products.The updated list currently populated with about 800 chemicals can be downloaded using this link: http://www.oehha.ca.gov/prop65/prop65_list/files/P6509272013.pdf. Businesses are encouraged to become familiar with the chemicals found in their products, reference the list and make an educated decision on whether to place the warning on their products or place of business.
Other states are looking at Prop 65 and creating their own laws and guidelines based on it. It’s not going away, but being applied on a state-by-state basis. Illinois, Washington, Connecticut, and Colorado are all trying to adopt part or all of California’s laws.
Businesses should comply with Prop 65 and educate their customers.
It is important that all businesses familiarize themselves with the stipulations of Proposition 65. A warning label is only the first recommended defensive strategy and may not be enough to protect your organization from a violation notice and/or fine. It’s strongly recommended that your firm consult with a legal professional for guidance.
California’s Office of Environmental Health Hazard Assessment (OEHHA) has launched it’s new website on Prop 65 at http://p65warnings.ca.gov/ The site is intended to provide the public with information on chemicals and products associated with Prop 65 warnings.