Proposition 65 is the new safe harbor warnings under California's right-to-know statute

Considering the August 30 deadline, several clients have shared their frustrations and questions in modifying their product labels, websites, and marketing literature to incorporate the new "safe harbor" warnings under California's right-to-know statute, known as "Proposition 65" or "Prop. 65."

How does Prop. 65 impact you?

Prop. 65 requires businesses producing or shipping regulated chemicals in consumer goods that are known to California's Office of Environmental Health Hazard Assessment (OEHHA) to cause cancer or reproductive toxicity. 

OEHHA has longstanding regulations specifying generic warning language that it deemed "clear and reasonable." Those so-called "safe harbor" warnings have been and continue to be at the heart of Prop. 65 compliance for many companies in many industries doing business in California.

In August 2016, OEHHA significantly changed what companies are required to put on their warnings if they want the "safe harbor" protection from potential legal challenges. These changes include, but are not limited to, the use of:

  • a pictogram
  • a new Prop 65 URL
  • the name of a listed chemical (except for on-product warnings)
  • certain font size requirements
  • revisions to the warning language

These amendments are intended to assist businesses with compliance and to provide more meaningful warnings to the public. The new regulations become operative on August 30, 2018, and apply only to products manufactured after that date.

What's the Prop. 65 solution?

With the deadline fast approaching, it is imperative for businesses producing or shipping to California to comply with Prop. 65. 

But how can you comply without throwing out your entire pre-printed label inventory? The solution is on-demand label printing. 

On-demand label printing will allow you to add new "safe harbor" warnings for small batch labels, enabling you to print only the labels you need for the products you need to ship and/or sell in California. With on-demand labeling you can customize the label instantly rather than waiting for the printer to deliver a new batch.

With on-demand there is no inventory, simply print a label for the product that needs different warning information.

On-demand printing allows you more options in terms of what kinds of warnings you can put on your labels, and will make your operations run much more smoothly as a result.

Let Brandywine Share Our Expertise

Brandywine will help you prepare for Prop. 65 with a sample roll of blank or printed labels to test with your in-house printer and auto-application equipment. Simply submit the following details for a FREE Trial Order: