New Year, New Rules … and (more) new signage!

If your business gives customers receipts or ships products with a packing slip, California just gave you one more thing to post at checkout.

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently issued information letters announcing new compliance obligations for Bisphenol S (“BPS”) in thermal paper (i.e., the kind used for receipts and shipping labels). Because thermal paper containing BPS can create a consumer product exposure under Proposition 65, OEHHA is now calling for pre-purchase warnings. In other words: a warning printed on the receipt is too late.

What Businesses Need to Know:

  • Warnings must be provided before the exposure occurs. Warnings cannot be printed on the receipt or label itself. Place a warning near or at cash registers allowing customers to choose an electronic receipt instead of one on thermal paper.

  • This isn’t just a brick-and-mortar issue: As many shipping labels and packing slips are also printed on thermal paper, e-commerce businesses should assess whether warnings are needed in fulfillment or packing areas and how customers can be informed before handling printed materials.

  • Safe harbor language is available: Businesses can use Proposition 65 safe harbor warnings. OEHHA suggests including language that identifies the source of exposure, such as noting that the warning applies to the “receipt or label.”

  • Don’t overlook potential worker exposure: Evaluate whether occupational exposure could be considered a “product exposure” under Proposition 65 for employees who routinely handle BPS-containing receipts or labels. Note that “product exposure” can result from the storage, consumption, and foreseeable use of a product.

Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.

Mindy AbernCalifornia, OEHHA