New Update to Proposition 65 Food Warnings Coming August 2018
Bradley/Grombacher, LLP • September 27, 2017
New California regulations will require companies with 10 or more employees to provide “clear and reasonable” warnings and more detailed information to consumers on warning labels placed on products manufactured after August 30, 2018.
The new regulations are the first major update made to the Safe Drinking Water and Toxic Enforcement Act of 1986, which was initially approved as a ballot initiative. The Act, also known as Proposition 65, outlines a list of dangerous toxins and chemicals that companies must inform California consumers about inside of products, including food products.
Proposition 65 food warnings are expected to be the next legal battleground for consumers attempting to hold companies responsible for accurate food labels. Already in 2016, consumers filed nearly 250 Proposition 65 warning letters to companies regarding everything from food to beverages to spices.
What Are the New Requirements for Proposition 65 Food Warnings?
Businesses involved in any link of the chain of commerce have to give a clear and reasonable warning to California consumers about exposure to particular chemicals for products that are released into the environment or used and purchased by consumers.
Under the new state regulations, manufacturers must provide a more detailed warning on products identifying the chemical contained therein and the possible harm it could cause, including whether it could cause cancer, birth defects or reproductive harm.
Companies must include a pictograph warning label containing a black exclamation point inside a yellow triangle with a black outline, in a font size of at least 6 points.
The following language is also required for all Prop 65 food warnings and other types of products:
WARNING: THIS PRODUCT AND EXPOSURE TO CHEMICALS INCLUDING [ONE OR MORE OF THE LISTED CHEMICALS] WHICH [IS/ARE] KNOWN TO THE STATE OF CALIFORNIA TO CAUSE [CANCER AND/OR BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM]. FOR MORE INFORMATION, GO TO www.P65Warnings.ca.gov.
Other requirements include:
- Manufacturers must ship their products with the Prop 65 warning labels attached or provide the warnings to the retailer with written confirmation of receipt by the retailer.
- For products listed for sale online, the Prop 65 warning lable must be contained on the product display page together with a hyperlink to www.P65Warnings.ca.gov. (See above example.)
- The Prop 65 warning label must be renewed annually or within 90 days of when changes are made to the list of chemicals or risk of harm.
Prop 65 Food Warnings
California keeps an updated Prop 65 list of chemicals known to cause reproductive toxicity or cancer. More than 900 chemicals on the list presently.
Since new chemicals are added to the Proposition 65 list annually, manufacturers must monitor whether any of their products are affected and ensure compliance each year. Items that previously did not require a Proposition 65 food warning may need one if a new chemical is added to the list.
Businesses are not currently required to relabel products that are already in the stream of commerce to comply with the new Prop 65 warning regulations. However, any products manufactured after August 30, 2018 must have the updated warning.
If you purchased a product that did not contain a proper Prop 65 warning label, the attorneys at Bradley/Grombacher want to know. They work hard on behalf of clients who have been misled about what materials are inside their consumer products. Fill out the form on this page now for a FREE review of your claims.
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At Scanes Yelverton Talbert, LLP, we believe that if you are questioning whether you have a case against an insurance company or wondering what constitutes a fair settlement, your first step should be to seek legal guidance. The best way to get started is by visiting our website for more information and filling out our online form to connect with our attorneys. As plaintiff attorneys, we evaluate three key factors to determine whether a case is legally viable. First, do you have liability facts? In other words, did someone legally do something wrong to you? Not every unfortunate event is grounds for a lawsuit. Imagine a Venn diagram: one circle represents all bad events, and the other represents legally actionable claims. The overlap is much smaller, but we move to the next step if your situation falls within that space. Second, do you have sufficient damages? Is it worth your time to file a lawsuit and go through the legal process? At Scanes Yelverton Talbert, we generally advise that if your injury requires hospital treatment, a visit to your primary care physician, or chiropractic care, you likely have enough damages to justify pursuing a claim. Lastly, if you win, can you recover compensation? In personal injury cases, this typically means insurance companies, whether auto insurance, homeowner’s insurance, or business liability coverage. In employment cases, it could be employment insurance or a corporation paying for wrongful termination. The key question is whether there is a viable source of compensation if legal action is necessary. Our goal at Scanes Yelverton Talbert, LLP, is to help you evaluate your claim and understand your legal options. If you are uncertain about your situation, we encourage you to visit our website, fill out our online form, and let our team provide the guidance and assistance needed to determine your best course of action.
At Scanes Yelverton Talbert, LLP, we are dedicated to helping people. We are committed to supporting our clients at every stage because we recognize how difficult it may be to navigate legal issues. We are here to ensure every client has a strong advocate because we believe everyone deserves to be heard. Attorneys Bo Routh and Mike Scanes established our practice in 2005. They used to work for a more prominent local general practice law firm. Their goal was to establish a practice that provided excellent legal counsel to those in need and was committed to client advocacy. Today, Mike Scanes remains a senior partner and founding member, while Bo Routh departed at the end of 2021. Following his departure, Tyler Talbert and Ben Yelverton became named partners, officially becoming Scanes Yelverton Talbert, LLP. Tyler Talbert specializes in appellate advocacy, representing clients in Texas and federal appellate courts. He has experience in civil appeals, litigation, and trial support, including motions, error preservation, and jury charges. Ben Yelverton is also an expert in business litigation and personal injuries. He handles matters ranging from class actions to wrongful deaths throughout his early courtroom experience in Austin and Dallas. He is a strategic litigator committed to helping clients get the best results. Another vital member of our law firm is Joel Shields, who has contributed significantly to the expansion and prosperity of the company since joining in 2007. He is Board-Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Joel is an aggressive advocate for his clients and offers wise counsel, whether pursuing claims for someone wrongly fired or advising a company on how to comply with legal requirements. At Scanes Yelverton Talbert, LLP, our passion lies in advocating for individuals. We often represent people in legal battles against large insurance companies or corporations rather than defending corporate entities. Many of our clients come to us in times of need –whether they have been injured in a car accident and are struggling to get their insurance companies to pay or are homeowners whose fire damage claims have been unfairly denied. We also handle employment law cases, ensuring that employees who have been wrongfully terminated or treated unjustly in the workplace receive the representation they deserve. At Scanes Yelverton Talbert, LLP, we advocate for those in need. Whether taking on powerful corporations, advocating for justice, or protecting individuals from unfair treatment, we are here to make a meaningful difference in our clients' lives.
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