“Prop 65 is a warning law, not a ban,” said Jeff Post, vice president/general manager, CGPC America/Enduratex™, in his presentation “Proposition 65 and Coated Fabrics” at IFAI Expo. Prop 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.
A manufacturer is liable, even if the level of certain chemicals on the list is lower than the threshold. “You can be in violation, and it will cost you,” he said. Furthermore, you’re liable if your product ever finds its way into California, even if your company did not do business in that state.
But there is a simple way to be in compliance. If you make products that contain chemicals on the list, which has grown to 900 since it was first published in 1987, follow the labeling requirements as they’re prescribed in this regulation. However, Post says, “You don’t have to list all the chemicals on the list,” and he recommended choosing “the worst offenders.”
It’s all about the labeling, with a warning that must be “conspicuous, clear and reasonable,” according to the guidelines. The best way to be sure you are complying in this regard is to visit www.P65Warnings.ca.gov and follow the instructions.