California Prop 65 Consumer Product Exposure Warning Signs

California Proposition 65 Warning Requirements

California’s Proposition 65 (“Prop 65”) requires businesses to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical, at anticipated exposure levels which pose a significant risk of cancer or cause birth defects or other reproductive harm.  California businesses can ensure they are in compliance with the warning requirements by posting a California Prop 65 Consumer Product Warning Sign that identifies exposures from a specific product.  Listed chemicals can be found here.

Who Must Provide Consumer Product Warnings?

For consumer products, the primary responsibility for providing warnings is on the manufacturer, producer, packager, importer, or distributor of  the consumer products.  These businesses may affix a warning label on the product or provide the retail seller with all necessary warning materials, such as labels, signs or tags.  The retail seller is responsible for placement and maintenance of the warning materials received from the manufacturer, producer, packager, importer, or distributor of the product.

A retail seller is responsible for providing the warning when it:

• is selling the product under its own brand or trademark,
• has introduced a listed chemical into the product,
• has covered or obscured or altered an on-product warning,
• fails to post the warning materials provided with the product, or
• knows of a potential exposure for which a warning has not been given by other means (i.e., no on-product warning label, lost or destroyed warning materials, etc.)

Businesses with less than 10 employees and government agencies are exempt from Prop 65’s warning requirements.

Required Warning Sign Content

New Prop 65 regulations, which require compliance no later than August 30, 2018, describe the content and methods of communicating consumer product warnings.  Warnings can be communicated in several ways, including on-product labels and by a posted sign at the location where the product can be viewed and purchased by consumers.  Where a warning sign is used, the sign must:

1. include a warning symbol
2. provide the names of the chemicals,
3. include specified text,
4. identify the corresponding end-point(s) (cancer, reproductive toxicity, or both), and
5. meet certain size and format requirements.

To ensure compliance with Prop 65’s new consumer product exposure warning requirements, a business may use one of the following bilingual California Prop 65 Consumer Product Warning Signs which have blank spaces that allow the business to write in the specific chemical names for each end-point.  Choose from the drop-down menu above:

• #05251 – Prop 65 Consumer product – Cancer Warning Sign
• #05252 – Prop 65 Consumer product – Birth Defect Warning Sign
• #05253 – Prop 65 Consumer product – Multiple Exposures Warning Sign
• #05254 – Prop 65 Consumer product – Cancer and Birth Defect Warning Sign

Where are California Prop 65 Consumer Product Warning Signs Posted?

Product-specific exposure warning signs  must be posted at each point of display of the product.  The warning must be prominently displayed with such conspicuousness as to render the warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use. Penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.

Need Other Prop 65 Warning Signs?

To view related specific product warnings, click on:

• California Prop 65 Environmental Exposure Warning Signs
• California Prop 65 Food Product Exposure Warning Signs