California Proposes Update to Prop 65 Toxic Chemical Product Warning Label

California’s Office of Environmental Health Hazard Assessment has released a new set of revisions to its proposed overhaul of the state’s Prop 65 product labeling law. This effort is the first significant modification to the label, which must be appended to certain products and product shelf spaces, in several decades. The new warning label has been under development since 2013.

According to Prop 65, manufacturers must label products that contain a significant level of toxic chemicals deemed to pose health hazards to consumers, particularly cancer. Similarly, retailers must include a notice on shelving next to these products, further alerting consumers about the potential risks. As a result, manufacturers and product sellers doing business in California must conduct thorough tests and investigations into the chemicals that are present in their products.

OEHHA administers Prop 65 in California and maintains a list of the toxic chemicals that will require a manufacturer to include a warning. The list also provides the minimum levels at which a label will be required. In some cases, a trace amount of a toxic chemical present in a product will not require a label. There are a wide variety of chemicals on the list, including both naturally occurring and synthetic ingredients.

Enacted in 1986, the current Prop 65 label states: “WARNING: This product contains a chemical known to the State of California to cause cancer.” The newest proposed modification would require the label to state something like this: “WARNING: This product can expose you to arsenic, a chemical known to the State of California to cause cancer.” It would also include a yellow triangular shaped caution image, along with a web link containing more information about the warning.

Providing supplemental information about the health risk posed by the product has been celebrated as one of the greatest advantages of the new proposed label.

If you have suffered injuries as the result of being exposed to a toxic chemical in a product, either in California or elsewhere, you can file a product liability action to seek compensation for your injuries. In this type of claim, you must establish that the product has an unreasonably dangerous design or that there was a mistake during the manufacturing process that resulted in the product unit you received being unreasonably dangerous. A product liability claim can also be established by proving that the manufacturer failed to provide adequate warnings regarding the potential danger of the product.

At Moll Law Group, our dedicated and seasoned team of dangerous product and toxic tort lawyers have the experience it takes to investigate complex claims involving toxins in products. We can assist you with all phases of the matter, including evidence gathering, negotiating with insurance companies, and advocating for the settlement or the judgment that you deserve. We have represented clients throughout the United States, including in Illinois, Texas, New York, and Florida. Call us at 312-462-1700 or contact us online to schedule your free consultation today.

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