California companies have until August 18, 2018 to make changes to their labels under new Prop 65 regulations, but some bicycling companies are exempt from the changes.
Under California’s Prop 65, companies are required to disclose to consumers that harmful chemicals are included in their products. The California legislature made changes to the law that require companies to provide consumers with more information about the dangerous chemicals included in their products.
A generic warning label was used commonly by companies under the previous regulations, but Prop 65 label changes require companies to include the specific chemical included in the product.
Under the old law, companies would provide a generic warning to consumers that one of the hundreds of chemicals identified as dangerous to human health was included in their product. The updated law requires companies to disclose which chemicals are included in harmful amounts.
Companies have lagged behind, however, and the new Prop 65 labeling requirements will require them to get up to speed and protect their consumers. In particular, Amazon and other online retailers have been subject to Prop 65 lawsuits because they failed to include proper Prop 65 warnings on their products. These companies will have until next August to meet new Prop 65 labeling requirements.
Prop 65 and Bicycle Companies
Bicycle Retailer and Industry News reports that a letter from the Bicycle Product Suppliers Association has been sent to its members detailing the new Prop 65 label changes.
“Before, you didn’t have to test for the hundreds of chemicals. If you knew there were three or four, you could use a generic warning label,” QBP’s general counsel and a BPSA board member to Bicycle Retailer. “Now you have to be specific about the chemicals in the product.”
Twenty-two bicycle companies are exempt from the new Prop 65 label changes, however. These companies were a part of a settlement in 2006 over lead content in various bike components. They include Chia Cherne Industry Company, Shimano, SRAM, QBP, Pacific Cycle, Trek, Giant, Specialized, Bell Sports, Raleigh, Cannondale, Cyclereuope 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.
These retailers can use labels under the previous Prop 65 requirements, but there are many other companies that must adhere to the new requirements. Bicycle Retailer reports that the BPSA representative noted website compliance in particular.
“I think other retailers need to get up to speed by 2018,” noted the BPSA board member. “Website and any software changes take time. But websites need to change to be compliant.”
Consumers who are worried that they and others may have been exposed to dangerous chemicals in products without proper Prop 65 labeling should contact an experienced Prop 65 attorney to help them navigate the complex legal network and hold those companies responsible.
Obtain a FREE legal review of your Prop 65 claims by filling out the form on this page now.
