By Beth Koh
Consumer products sold over the internet (or in catalogs) now have a specific set of safe harbor warning requirements. Have you updated your website with warnings that follow the new requirements?
Where Prop 65 warnings are required, the safe harbor warning satisfies Prop 65’s “clear and reasonable” warning requirement. In order to fall under safe harbor requirements, businesses must warn consumers before they buy a product. Online, that means that you have a few possible ways to warn:
· Provide a hyperlink on the website to the warning;
· Provide a hyperlink on the website to a photo of the warning label on the product itself;
· Give a pop-up warning when the consumer enters a California zip code for shipping;
· Put a short-form warning on the product page (but only if the short-form warning is on the product itself).
Note, the warning label requirements have changed. Now, the label has to include the word WARNING bolded and all caps, and the name of at least one chemical known to cause cancer or reproductive harm. Also, the warning symbol (exclamation point in triangle) must be the same size as the word “WARNING.”
Practice Tip: Be sure to check your online catalog to update your Prop 65 warnings. Follow the text of the new warning requirements, and make sure the consumer can find the warning easily. Placement of the warning is key, so that it is “clearly associated” and “prominently displayed.”
Beth Koh is Of Counsel at Environmental General Counsel. She handles a wide range of environmental and health and safety matters, including Prop 65.
The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.