If a pet chews through the covering on a cushion, creating an exposure never intended to occur, do I need to provide a warning label associated with the substance risks derived from the sub-level component?
If exposure to the sub-level component is not expected under intended or foreseeable use, a label is probably not required. However, there is a specific warning label text requirement for furniture under Article 6 of Prop 65. § 25607.13. Furniture Product Exposure Warnings - Content.
<triangle> WARNING: This product can expose you to chemicals including [name of one or more chemicals known to cause cancer, name of one or more chemicals known to cause reproductive toxicity, or name of one or more chemicals known to cause both cancer and birth defects or other reproductive harm], which is [are] known to the State of California to cause cancer or birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/furniture.
Also, a notice should be displayed near the furniture or stamped on the receipt along with the text:
NOTICE: Some furniture products can expose you to chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. Please check the product label for warning information.
**Article contents valid as of 2019-03-14