An Update from NIA Legal Counsel on California Proposition 65:

This note is intended to put you on notice of a new labeling requirement that came into effect as of August 30, 2018, in the state of California. But it has been modified such that the label must now contain a yellow triangle, the name of at least one chemical that prompted the warning, and the internet address for the new Proposition 65 warnings, which includes health effects of the listed chemicals. Unlike Occupational Safety and Health Administration (OSHA) standards of safety, California does not make exceptions for articles, but rather requires warnings for all products that a person could be exposed to—for both consumers and employees.

As this is a new law, there is no enforcement data at this time. However, our initial reading of the statute indicates that any product that potentially exposes a person to one of the over 900 listed chemicals will require a label. This appears to apply at all levels of production from manufacture through distribution to consumer. Several industry websites indicate a business should contact the manufacturer to determine the chemical composition and may even desire to hire a professional company to discover the exact chemicals in a business’s products so as not to be liable under CA Prop 65 and its $2,500 fine per day. It appears that a cottage industry has already developed in California with companies offering to test products to confirm their chemical composition.