CA EPA Prop 65 Overhaul Has Companies Get Specific About Carcinogenic Chemicals

Screen_Shot_2018-08-30_at_3.18.47_PM.png August 30 , 2018- Mission Viejo. Moms Across America applauds the decision by the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency (CA EPA). Today is the day that the long-awaited changes go into effect for companies, manufacturers, and any responsible parties in the supply chain of exposing the public to harmful chemicals. From this day forward anyone exposing the public to chemicals known to cause cancer or reproductive harm in California must have warnings in place as follows or face a $2,500 fine per day, per violation.

Zen Honeycutt of Mom Across America stated, “We are thrilled that companies will now have to state specifically, by name, which chemical they are being exposed to. The public has a right to know.However, we are outraged that glyphosate, which is on the Prop 65 list and is sprayed on our food and around our schools and parks, will not be included because Monsanto sued the CA EPA to stop the labeling. This is an injustice to the American public which must be corrected immediately.” Glyphosate herbicides were the subject of a recent lawsuit in which the plaintiff Dwayne Lee Johnson was awarded 289.2 million dollars from Monsanto for the causation of his non-Hodgkin’s Lymphoma,which he was exposed to while wearing protective gear as a school pesticide applicator

According to 30 years of EPA policy, normally glyphosate, which was placed on the Prop 65 list in 2017, would be included in this regulation. All products, such as Roundup sold in Home Depot, would need to carry this warning today. All pesticide applicators would need to be informed that they were using products which cause cancer, and all farmers would see warning labels on their bulk purchases of glyphosate herbicides which they spray on our food crops. However, Monsanto sued the CA EPA and the judge granted them a temporary injunction which stopped the labeling of glyphosate herbicides. Their reasoning was that Monsanto had the right to “free speech” meaning they and the other clients in the lawsuit, such as the Wheat Growers Association, had the right to not speak about whether their products or food ingredients contained a probable carcinogen. Nevermind that they also have the free will to make or use a chemical which exposes the public unknowingly to a carcinogen.

The details of the new regulations are specified in an article from the CalChamber News Alert:

Consumer product warnings must begin with “This product can expose you to . . .” This is a departure from the current warning regulations, which require safe harbor warnings to begin with “This product contains . . .”

Chemical Specification: If a warning is not provided on the product itself, such as on a shelf display or a store sign, a business must name at least one chemical for which the warning is being provided and specify whether that chemical is known to cause birth defects or reproductive harm, cancer, or both. If warning for one chemical that is a carcinogen and a separate chemical that is a reproductive toxicant, the warning must specify both chemicals. If warning for one chemical that is both a carcinogen and a reproductive toxicant, such as lead, the warning need only specify that chemical. This is a significant change. With the exception of warnings for alcohol, the prior safe harbor warnings do not require warnings to specify chemicals.
Pictogram: All safe harbor warnings except for food and dietary supplement exposures must contain a pictogram on the left side of the warning of an exclamation point encompassed by an equilateral triangle. Although the triangle must be printed in yellow, it may be printed in black-and-white only if the sign, label, or shelf tag for the product is not printed using the color yellow.
URL: All safe harbor warnings must end with “For more information go to www.P65Warnings.ca.gov.”

Translation Requirements: Safe harbor warnings must be provided in English, and if a product sign, label, or shelf tag used to provide a warning also contains consumer information in a language other than English, the Proposition 65 warning also must be provided in that language.

Examples:

Screen_Shot_2018-08-30_at_3.18.17_PM.png Full Cancer Warning

WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

Truncated/Short-Form Cancer Warning (only allowed if the product itself is labeled)