1. Puzzled by Prop 65?
Presented by: Hsin (Rick) Chen, Technical Manager, SGS
Laxmi Ravikumar, Technical Manager, Intertek
Alison Tuzzolino, Global Consulting Specialist, Bureau Veritas

2. Requirements Only requires exposure warnings Warnings are intended to:
Protect California’s drinking water sources from chemical contamination
Allow California consumers to make informed choices about the products they purchase
Enable residents or workers to take whatever action they deem appropriate to protect themselves from exposures to harmful chemicals.
Warnings are required when:
Exposure limits, in the form of human daily intake levels that apply to chemicals that appear on this list, are exceeded.
“No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning . . .”
The voice of the juvenile products industry.

3. Current Label Regulation
Current Safe Harbor Warning:
If a product contains one of the listed Prop 65 chemicals, then a warning label is required:
Example: WARNING: This product contains a chemical known to the State of California to cause cancer.
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4. Proposition Warnings – Significant Changes
Warning (effective August 30, 2018)
“This product contains” will change to “This product can expose you to”
The warning label must contain at least one chemical name
OEHHA’s new website is included
A triangular yellow warning symbol is included
If consumer information is in a language other than English, then the warning must also be provided in that language in addition to English.
Provides detailed guidelines for e-commerce
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5. New Warning Label Regulation – Goals
Intended to make warnings that are provided more meaningful and useful for the public
Reduce the amount of over-warning
Provide business better clarity on how and when to provide warnings
Adds tailored warnings for specific kinds of exposures, places and products
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6. New Warning - Notes
Abbreviations may not be used when identifying the chemical on a warning label.
Example: Di(2-ethylhexyl)phthalate vs. DEHP
If your company has signed a court settlement or judgment the warning language listed in the injunctive relief can continue to be followed.
The effective date is a manufacture date of August 30, Products manufactured on or after this date will need to utilize the new label, if a label is required.
Done
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7. Responsibility to Label
The manufacturer, producer, packager, importer, supplier or distributor must provide proper warning or provide a written notice to the authorized agent for the retail seller.
The written notice must state the product may result in an exposure to one or more of the prop 65 listed chemicals
Include the exact name or description of the product or other specific identifying information.
Include all necessary warning materials such as labels, shelf tags and the warning language for products that are sold via e-commerce.
The manufacturer, producer, packager, importer, supplier or distributor should obtain confirmation that the authorized agent has received the warning materials/notice.
More information can be found on the OEHHA website:
Done
The voice of the juvenile products industry.

8. How Can You Comply?
Test for specific products to prior Prop 65 product litigation; or
Require a certified toxicologist review the product to determine if an exposure exceeding safe harbor limits exists; or
Label with the appropriate Prop 65 warning statement
1. Test
Following safe harbor limits requires a toxicologist to translate from “exposure” to “parts by weight”
Following established prop 65 litigation – cost effective
This is a way to limit the risk of being involved in future settlements. It is still possible that an enforcer might sue because they are trying to set a lower limit.
Because new settlements are coming out all the time requirements can change.
2. Toxicology report - expensive (several thousand to tens of thousands dollars). May not be feasible when a product line has hundreds or thousands of products. Because of this most people rely on existing settlements for that product or similar products. or the other option is to label.
3. Labeling – two problems
CA doesn’t want excessive unnecessary labeling (Cannot just label everything and not test)
Most companies cannot control what product is going to California from product going to other states. The result is that product with warning labels ends up in states that don’t require it and it causes alarm with consumers and may end up as a news story and creates a big issue.
The voice of the juvenile products industry.

9. Frequently Asked Questions
Does Proposition 65 apply to all products?
Do I have to test for the whole list of chemicals?
When should I put a warning label on my product?
How do I know if the chemical content is above the safe harbor limit?
Done
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10. Additional Resources
New Warning Label Regulation -
Example Warnings and translations for businesses –
The voice of the juvenile products industry.

11. Consumer Product Exposure Warning
Method of transmission B&M:
A product-specific warning provided on a posted sign, shelf tag, or shelf sign, for the consumer product at each point of display of the product.
A product-specific warning provided via any electronic device or process that automatically provides the warning to the purchaser prior to or during the purchase of the consumer product, without requiring the purchaser to seek out the warning.
A label that complies with the content requirements in Section 25603(a).
A short-form warning on the label that complies with the content requirements in Section 25603(b). The entire warning must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall the warning appear in a type size smaller than 6-point type.
The voice of the juvenile products industry.

12. Consumer Product Exposure Warning
Method of transmission:
Dotcom (online sales)
A warning on the product display page containing the content set forth, or a clearly marked hyperlink that reads "WARNING" and links to the full warning. If a short-form warning on the label is provided, the warning provided on the website may use the same truncated content as the on-product warning.
Catalog purchases
A warning provided in a manner that clearly associates the warning with the item for which the warning is provided. If a short-form warning on the label is provided, the warning provided in the catalog may use the same truncated content as the on-product warning.
Multilingual:
Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning must also be provided in that language in addition to English.
The voice of the juvenile products industry.

13. Consumer Product Exposure Warning
Content
The warning symbol, which consists of a black exclamation point in a white or yellow equilateral triangle. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”.
The word “WARNING” in all capital letters and bold print, and
One of the following warnings:
For exposures to listed carcinogens, the words, “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. For more information go to
For exposures to listed reproductive toxicants, the words, “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 birth defects or other reproductive harm. For more information go to
For exposures to both listed carcinogens and reproductive toxicants, the words, “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 [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to
For exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant, the words, “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 birth defects or other reproductive harm. For more information go to
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14. Consumer Product Exposure Warning
A short-form warning on the label – Content:
The warning symbol, which consists of a black exclamation point in a white or yellow equilateral triangle. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”.
The word “WARNING” in all capital letters, in bold print.
One of the following warnings:
For consumer products that cause exposures to a listed carcinogen, the words, “Cancer -
For consumer products that cause exposures to a listed reproductive toxicant, the words, “Reproductive Harm -
For consumer products that cause exposures to both a listed carcinogen and a reproductive toxicant, the words, “Cancer and Reproductive Harm -
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15. Warning Examples: Exposure to Lead (Short Form)
Short-form warning that can be provided on product or product packaging for exposure to lead above safe harbor level. May also be used when testing to settlement where lead requirement exceed reformulation requirements.
Equilateral triangle –size no smaller than height of the word WARNING
“WARNING” in capital letters and bold type
The entire warning must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall the warning appear in a type size smaller than 6-point type.
Since the warning label provides toxicity end-points but does not have to list chemicals, this warning can be used even if in addition to lead there were other chemicals like phthalates, flame retardants, BPA, etc. present above safe harbor level.
The voice of the juvenile products industry.

16. Warning Example: Exposure to Lead
Warning label that can be used on website, catalogues, store shelves, etc. for exposure to lead above safe harbor level. May also be used when testing to settlement where lead requirement exceed reformulation requirements.
Equilateral triangle –size no smaller than height of the word WARNING
“WARNING” in capital letters and bold type
Type size: No specific size, but warning should be prominently displayed so it is likely to be read/understood by consumers during conditions of purchase/use.
Since warning requires to identify “one or more” chemicals, this warning can be used even if in addition to lead there were other chemicals like phthalates, flame retardants, BPA, etc., present above safe harbor levels.
If you were part of a court case settlement that stipulates warning, you may continue to use that instead of the new warnings.
The voice of the juvenile products industry.

17. Warning Label for Furniture Products
Example of warning label affixed to furniture product:
Example of notice on sign, or notice stamped or printed on receipt:
• A notice or sign no smaller than 8 1/2 by 11 inches displayed either at each public entrance or point of display, and printed in no smaller than 28-point type, or
• A notice printed or stamped in no smaller than 12-point type on each receipt.
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18. AG Private Enforcement Amendment
Amendments by the AG to reduce the frivolous lawsuits by limiting ability of private plaintiffs to collect additional settlement payments and increase transparency in settlements.
Transparency: Private enforcer reaching a settlement for noticed violation without complaint - Notification to AG office within five days of settlement
If settlement requires product reformulation, plaintiff must show that at least some products were above the reformulation level. Likewise for air emissions.
Documentation of any investigation costs sought to be recouped in a settlement.
Plaintiff required to demonstrate that additional settlement payments (ASP) are in public interest and should adhere to the provided detailed AG guideline.
ASP should not be included in out of court settlements (in AG’s view) and should not exceed OEHHA’s share of civil penalty.
Effective date: October 1, 2016
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19. Options for Businesses
Follow existing settlement These settlements contain limits that you can choose to follow however it does not prevent anyone at any point in time from finding a reason to issue a 60 day notice against you.
Businesses can get bill of substance to eliminates any of the chemicals on the Prop 65 list
Ca Prop 65 Chemical Screening
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20. Voluntary Compliance with Terms of an Existing Settlement
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21. Voluntary Compliance with Terms of an Existing Settlement
If the testing results of DEHP and DINP are over 1000 ppm, below warning is needed
Full format This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to
Short format Cancer and birth defects or other reproductive harm.
The voice of the juvenile products industry.

22. Voluntary Compliance with Terms of an Existing Settlement
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23. Voluntary Compliance with Terms of an Existing Settlement
Current test approach
Potential issue
Testing for total content of accessible material
Safe harbor limit is based on daily exposure level instead of content level
Using limits cited by existing settlements as reference
These limits are not actually part of the regulation
Limits cited by settlements only apply to the companies who are signatories to the settlement
Limits and stipulations given by settlements are subject to change
Existing settlements do not cover all product categories and listed chemicals
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24. If a Product Meets a Federal Standard for a Listed Chemical, Do I Still Need to Provide a Warning?
Children’s PVC clothing including gloves
Federal requirement - Total Lead content – 100 ppm
Ca Prop 65 settlement
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25. Questions
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