It has been nearly 6 months since new warning requirements for Prop 65 went into effect, so we thought it was a good time to check in with the latest news and perspectives on the changes. New regulations were implemented in August 2018 to provide the consumer with more information about chemicals in products so they could better understand the risk associated with exposure and how to minimize that risk.
Responsibility Clarification
In November 2018, the Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to clarify how a product manufacturer and other parties in the supply chain can pass warning information downstream. These amendments specifically endorse what companies like BIC Graphic NA have been doing to comply with Prop 65 regulations – sending written notice letters and emails to distributors. (1)
As a promotional products distributor, be sure to obtain a list of products that must have a Prop 65 warning from each of your suppliers. These lists should include; product number, product names, colors, and an example of the warning label for that item.
It is important to remember that promotional product distributors as well as suppliers are legally required to include warnings on the product page of their website, catalog, flyers and other marketing materials.
A Second Look at the Short-Form Warning
OEHHA has also confirmed they are evaluating the use of the short-form Prop 65 warning. The short-form warning, which does not require identification of the chemical triggering the warning, is intended for smaller products where the full warning text did not fit. However, OEHHA has seen widespread use of the short-form warning since the new regulations went into effect last August.
While the agency is taking a second look at the short-form warning applications, it is significant to note that no decisions have been made to change Prop 65 requirements at this time. If there are any regulatory revisions, a public comment period will be required. (2)
Why BIC Graphic NA?
BIC Graphic NA is a leader in Superior Compliance and we believe providing compliant promotional products is essential in today’s competitive environment. Supplying safe, quality products increases buying confidence and protects brand equity through the supply chain.
Click here to review the BIC Graphic NA Prop 65 Warning Label Info list.
Learn more about BIC Graphic NA’s commitment to Superior Compliance at bicgraphic.com. We are a leader in product safety, quality assurance, social responsibility, supply chain security and environmental stewardship in the promotional products industry. This includes C-TPAT certification, FDA regulations, technology standards as well as Prop 65 compliance.
