New California labeling requirement - Prop 65

[fotoski]

I saw an item in today's ADI e-news that could have an impact on every liquor bottle sold in California: New Prop 65 Labelling Requirements Take Effect August 30

This could be huge as many beverage alcohol components, including ethanol itself, fall under the new regulation: Acetaldehyde, Methanol, Furfural alcohol,... etc. 

For the complete list of Prop 65 ingredients, please see: https://oehha.ca.gov/proposition-65/chemicals

Liquor bottles appear to fall under the regulation, so booze sold in California may have to wear a warning label as of August 30... unless, of course, this contradicts the TTBs regulation against having any health claims on liquor labels. 

WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer [and] [or] [birth defects or other reproductive harm].  For more information, visit www.P65Warnings.ca.gov

[Palmetto Coast]

As we are preparing to enter the California market, I was hoping we could open up a discussion regarding Prop 65 and their exact requirements. 

https://www.beveragelaw.com/booze-rules/prop65-newregs

If we are shipping an individual case, can we put a letter inside and ask the retailer to respond via email?  If we ship a pallet, can we just include the same with the packing slip?  I have to imagine if a retailer has 500 products, and all are required to send this to retailers, this is going to lead to waste, duplication, etc, etc.

I'd just like to get others feedback on how they interpret compliance in different circumstances.

 

Thanks,

Todd