Effective January 1, 2023, California’s Cleaning Product Right to Know Act (CPRTKA) requires intentionally added ingredients listed on Proposition 65 to be included in a designated product’s website and label disclosure. The Act allowed manufacturers to withhold from the label and website disclosure, such ingredients until January 1, 2023 (Note: website disclosure of nonfunctional constituents which trigger a Proposition 65 warning (Section 108954.5(a)(2)(B) of the Act) has been required since January 1, 2020).
Manufacturers must be diligent in their determinations of whether a Proposition 65 warning is required, as complexities may arise. While the CPRTKA requires disclosure of an intentionally added Proposition 65-listed ingredient, it doesn’t necessarily mean the ingredient triggers a warning under Proposition 65 (i.e., if the exposure level falls below the safe harbor level). It is possible this could lead to lawsuits brought against companies whose product disclosure includes a Proposition 65-listed ingredient, but a warning is not present. When a Proposition 65-listed ingredient is present in a product, companies may wish to:
- Switch sources of raw materials or reformulate
- File a safe use determination (SUD) when a safe harbor level has been established; or, calculate their own no significant risk level (NSRL) and/or maximum allowable dose level (MADL), where no safe harbor level has been established
- Testing & exposure assessments are conducted
- Neither a SUD nor a self-calculated NSRL and/or MADL are legally binding (even though supported by testing and exposure assessments)
Remember, even in cases where there is sufficient data to support the absence of a warning, the burden of proof lies upon the company as the defendant.
The SRC Team is available to help you review your label, website disclosure, and marketing materials to ensure you are in compliance with Proposition 65 and CPRTKA requirements. Please contact your consultant to learn more about our ingredient disclosure review services.