What are the Size, Location, Language, etc. Requirements for Proposition 65 Warnings?
My company sells kitchen mats that contain PVC in California. I have to put the California Proposition 65 warning on my labels. I cannot find any guidelines as to size or color of the font, location of the warning or actual wording. Also, my labels are in English, Spanish, and French, does the warning have to be in English, or in English and Spanish?
California's Safe Drinking Water and Toxic Enforcement Act of 1986—better known as "Proposition 65—states that "no person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state (California) to cause cancer or reproductive toxicity without first giving a clear and reasonable warning…" Since vinyl chloride in on the state's list of chemicals known to cause cancer, consumer products sold in California that contain polyvinyl chloride (PVC), may be required to carry the warning, depending on residual vinyl chloride levels and potential exposure scenarios. While an exact definition of a clear and reasonable warning is not included in the statute, the form, content, and suggested language for some Proposition 65 warnings are provided (see Title 27, Cal. Code of Regulations, Sections 25601 -25605.2). However, since Proposition 65 is a very complex regulation, we recommend that you consult an attorney to determine your specific legal obligations.