New Proposition 65 Warning Label Rule

New California Warning Label Requirements

Effective August 30, 2018

Make sure you are ready or face big fines.

California Code of Regulations Section 25600

Effective August 30, 2018

The California Office of Environmental Health Hazard Assessment (OEHHA) finalized its rule amending Article 6 of the regulations implementing Proposition 65. Because of the new regulation, tobacco manufacturers, distributors and retailers are required to update their Proposition 65 warnings.

Products with label warnings manufactured prior to the effective date of the new regulation would continue to receive protection from liability.

To be in compliance with Proposition 65 Warning Label Rule:

Place the new warning label prominently on all tobacco products.
The type size should be no smaller than the largest type size used for other consumer information on the product label and in no case smaller than 6-point type.
The warning label must specifically identify at least one chemical that causes cancer and one chemical that causes reproductive harm.
The warning label must use a black exclamation point in a yellow equilateral triangle with a black outline. If you do not have a color printer, the warning may be used in black and white.
The triangle must appear in a size no smaller than the word “WARNING,” which should appear in all capital letters and bold print.
Example of the new Proposition 65 Warning Label:

WARNING: This product can expose you to chemicals including nicotine and tobacco smoke which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

DOWNLOAD A SAMPLE HERE

PROPOSITION 65 INTERNET AND CATALOG WARNINGS

If purchases of tobacco products are being made via internet or catalog, they must include the new Proposition 65 Warning. For internet and catalog purchases, a warning must be provided prior to the consumer making a purchase. You may opt to provide a hyperlink to the warning for internet purchases or a picture of the warning label as used on the product.

PENALTIES FOR NOT BEING COMPLIANT WITH PROPOSITION 65

Violators may be subject to an injunction to stop the violation and are liable for a civil penalty not to exceed $2,500 per day for each violation.