California’ s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65( Prop 65), continues to evolve. Prop 65 requires businesses to provide“ clear and reasonable” warnings before exposing individuals in California to chemicals known to cause cancer, birth defects or other reproductive harm. The list of chemicals is ever expanding and now includes over 900 substances.
The California Office of Environmental Health Hazard Assessment( the lead agency implementing compliance regulations for Prop 65-“ OEHHA”) has recently amended its regulations concerning requirements for consumer product warnings. Because of this, businesses should be mindful of their labeling, online disclosure and contractual protections, or lack thereof.
Under the previous rule, generic short-form warning labels, such as“ Warning: Cancer and Reproductive Harm. www. P65Warnings. ca. gov,” were sufficient for all products. However, following the recent amendment, the most notable change is that more detail is now needed. Specifically, short-form warning labels now require identifying at least one specific chemical per risk endpoint. For example,“ Warning: Exposes you to phthalates( DEHP), a chemical known to the State of California to cause cancer and reproductive harm. www. P65Warnings. ca. gov.”
Although food and beverages are often the first things that come to mind when thinking about Prop 65, the law applies more broadly. Considering the several chemicals added to the Prop 65 list, including certain PFAS(“ forever chemicals”) and new reproductive toxins and carcinogens, the additions expand compliance obligations across multiple industries, from consumer goods to gyms. As it relates to gym facilities, equipment and cleaning products can contain listed chemicals that trigger warning obligations – for example, phthalates in flooring, formaldehyde in adhesives or cleaning products, and lead in certain metal components. In
by Justin Klein by Matilda Barseghian
addition, if a warning applies, such warnings must also appear in membership agreements prior to purchase by a California resident. Prop 65 has a unique feature as far as statutes go in that it empowers private plaintiffs to act as private attorneys general – often referred to as Prop 65 bounty hunters – to bring lawsuits against businesses alleged to be in violation. While the intention behind Prop 65 was to address legitimate public health concerns, the rise of these bounty hunters means businesses must remain vigilant, even regarding minor technical violations. With civil penalties for violating Prop 65 as high as $ 2,500 per violation per day, it is no surprise some have taken full advantage of the system and turned enforcement into a career, seeking out technical violations as a source of income.
What does this mean for your PF ® business? First, franchisees should reassess labeling strategies in light of the new requirements, particularly the obligation to list at least one specific chemical per risk endpoint. Franchisees should conduct a compliance audit and update areas of the facility and online membership agreements to ensure full compliance.
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GearedUp | 2025 Issue 3
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