ASI's ESP Platform Adheres to Updated Warnings for Prop 65 Products

In a bid to ensure compliance with California's Proposition 65 (Prop 65) regulations, the Advertising Specialty Institute (ASI) has enhanced the warning labels for all eligible products in their ESP platform.

Prop 65, which requires businesses to provide warnings for products that contain chemicals known to cause cancer, birth defects, or other reproductive harm, has seen a significant number of settlements in recent years. In 2016 alone, there were nearly 1,110 settlements for a total of $40 million in Prop 65 cases.

The new Prop 65 warning labels, which include a triangle warning symbol and label that appears below the product image, are now prominently displayed on both websites selling products and printed catalogues. Catalog warnings must be "closely associated" with the product being warned about and cannot be listed in a glossary at the end of the catalog.

Manufacturers hold primary responsibility for providing Proposition 65 warnings, and they can choose to either label their products or provide notices to distributors, importers, or retail outlets. Businesses with 10 or more employees must provide "clear and reasonable" warnings before knowingly and intentionally exposing individuals to chemicals on the Prop 65 list.

ASI has been proactive in helping the promotional products industry comply with these new and complex regulations. Their data team worked closely with suppliers to ensure that their Prop 65 information is reflected correctly on ESP. ASI reached out to all 3,200 suppliers multiple times to remind them of the need to comply with the new regulations.

Distributors have been provided opportunities to include warnings in their presentations throughout the sales process. ASI began updating all ESP and ESP Website applications and processes two months ago to ensure new supplier-provided Prop 65 warnings are now seen in detail at every point a supplier, distributor, and end-buyer could interact.

Website warnings must be placed on the product's display page, given via hyperlink using the word "WARNING" on the product display page, or displayed to the consumer before the purchase is completed. The warnings appear on ESP product detail pages and throughout the order process.

Even if promotional products are sold to an end-buyer in another state, they could still potentially be given away or sold in California. Failure to apply warnings could leave manufacturers or distributors vulnerable to "bounty hunters" who bring private citizen suits against violators. ASI is committed to helping businesses navigate these complex regulations and avoid potential legal issues.

For more information about the updated Prop 65 regulations, ASI has published several news stories and blog posts on their website. They continue to work closely with suppliers and distributors to ensure compliance and provide resources for businesses to understand and implement these important changes.