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New Prop. 65 label changes go into effect this week

Published August 29, 2018

LAGUNA HILLS, Calif. (BRAIN) — New label requirements for California Proposition 65, a law requiring that products sold in the Golden State warn consumers about exposure to chemicals that can cause cancer or birth defects, are going into effect Thursday.

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The state amended Prop. 65 labeling to require that it identify the specific chemical that can cause cancer or reproductive harm back in 2016, but implementation of this change is taking effect Aug. 30. More than 900 chemicals are part of Prop. 65 but not all products contain threatening levels of them.

Under the old law, companies could have a generic warning that said that a product contained harmful chemicals without detailing which ones. Now not every chemical has to be listed, but those that a company is aware of and tested for should be.

If a product is sold to California consumers through brick-and-mortar or online channels, manufacturers are required to comply with the new label requirements unless they were part of a group settlement in 2006 that included a safe harbor warning.

Fines for noncompliance can be up to $2,500 per violation per day, starting Sept. 1, 2018. Compliance is enforced by legal firms and groups that file complaints on behalf of the public, often doing testing of their own and sending notices to companies about failing to comply with requirements.

The Bicycle Product Suppliers Association sent a letter to its members informing them about the changes to California's Prop. 65 last summer.

Twenty two bike companies were part of the group settlement in 2006 when litigation over lead content in cable housing and handlebar grips came to the fore, and as such are exempt from the new requirements. This group can continue to use the labels approved back then as part of the settlement. The 2006 settlement also protected downstream customers of the 22 companies.

The 22 companies in the settlement group were Chia Cherne Industry Company, Shimano, SRAM, QBP, Pacific Cycle, Trek, Giant, Specialized, Bell Sports, Raleigh, Cannondale, Cyclereurope USA (including the Bianchi brand), G. Joannou Cycle Co., Dynacraft BSC, Electra Bicycle Co., Felt Bicycles, Advanced Sports (including the Fuji brand), REI (including the Novara brand), Scott USA, Iron Horse Bicycle Co. and Kung Hsue She.

For more information on Prop. 65, go to p65warnings.ca.gov/new-proposition-65-warnings

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