Question: For clothing within the scope of Proposition 65, do warnings have to go on the garment itself, or can they remain on the plastic polyethylene bag (polybag) the garment is shipped in?
Answer: Proposition 65 requires a clear and reasonable warning to customers about hazardous substance exposure the might result from products they purchase and use. Additional tags or labels on garments may give some manufacturers and retailers pause, but a clear and reasonable warning is still necessary. Ultimately, manufacturers, importers and retailers are responsible for ensuring customers make informed purchases.
With this in mind, a Proposition 65 warning on the bag alone is sufficient if consumers will see the polybag a garment is shipped in prior to purchase. However, if customers will not see the polybag prior to purchase, then a warning on the garment itself may be necessary. If you are selling into a retail environment where clothes are displayed out of packaging, it’s recommended that you provide California locations with signage for these garments.
Finally, remember that products sold online must also display product warnings to ensure consumers are always aware of exposure potential.
This content is current as of July 19, 2019.