What kinds of warnings do we have on our product labels and why?

Under normal general use, marking pens are 100% safe to use. So why do we see warning and pictograms on the labels and Safety Data Sheets?
OSHA Pictograms

OSHA's Labeling requirements and the proper use of Hazmat pictograms

All our labeling is carefully written with OSHA's Globally Harmonized Standards in mind. Although our products are a liquid mixture contained in a stable marking pen form, we may display warnings and pictograms that were originally meant for the individual constituent ingredients of the mixture, each in bulk form. This is because the SDS sheets of the chemicals and mixtures coming from their respective manufacturers display the hazardous materials concerns of the form of the product sent out of their factory. These include powders that are hazardous if risk of inhalation is present, or flammable liquids that pose risks of combustion or spillage if handled improperly. Marking pen products do not pose the same dangers that products in large cans or drums pose. We list the original warnings nevertheless since the SDS's provided are our only frame of manufacturer guaranteed reference. Our safety data sheets include all cautionary statements and pictograms.

Hazmat label for bulk containers for shipping.

The Shipment of Drums, Bottles, and Cans.

All containers shipping lose ink or paint have affixed a label like seen above. We conform to OSHA shipping standards and fully disclose the hazardous materials information required for shipping by air, sea, and ground transport.

Prop 65 Warning Triangle

Introduction to California’s Proposition 65

In compliance with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, all companies selling or distributing consumer products in or California are required to inform consumers if using their products could potentially lead to exposure to chemicals listed by the State of California as being known to cause cancer, birth defects, or other reproductive harm.

Proposition 65 has resulted in certain consumer products bearing various warning labels over the year. However, recent changes to California regulations implementing Proposition 65 will result in many more consumer products having a warning applied or having a warning statement placed near the products in a retail environment. These warnings generally consist of language drafted by the State of California for particular classes of products – such as liquid chemical mixtures – or for more general use by almost any product. Companies are likely to use the state-drafted language because the use of other language risks penalties for the product manufacturer or retailer if the substitute language is found insufficient. For more information about Proposition 65, the listed chemicals and the warning requirements, please see https://www.P65Warnings.ca.gov.

Recent Changes to Prop. 65

Due to these updated regulations, any products produced on or after August 30, 2018 that are sold in or into California must include a chemical exposure warning and triangle graphic if

  1. The product contains one of the nearly 900 chemicals listed by the State of California and
  2. use of the product may expose the consumer to one or more of the listed chemicals in an amount sufficient to require a warning.

In many instances, companies may not know if the use of their product will in fact lead to a sufficient exposure so as to require a warning under California law, and undertaking such an exposure analysis on a product by product basis often is impracticable and cost prohibitive. Therefore, out of an abundance of caution many companies will apply a warning to their product to inform consumers about the potential exposure and avoid the fines and litigation costs that a failure to warn could bring.

In this regard, Arro-mark® is no different than most companies distributing or selling consumer products in or into California except for our predominantly industrial distributor customer base. Arro-mark® makes many products available to consumers in California. These are mixtures that include solvents, dyes, pigments, resins, binding vehicles, thinners, metals, plastics and others. While California has made the determination that all companies must warn about exposure to fine particulate matter, fumes from solvents such as Xylene or MIBK, Arro-Mark® cannot practicably analyze each of the constituent ingredients of the mixtures we buy that contribute to our effective paint and ink formulas if a warning is required. We disclose hazmat concerns in the original forms coming from their source.

Latest updates as of June 2018

Starting in June 2018 and moving forward, consumers will start to see some form of a Proposition 65 warning applied to marking pen labels if the Safety Data Sheet (SDS) of any of the constituent ingredients states a Prop 65 listed chemical. These will be labeled nationwide since we cannot predict or dictate our distributors selling our products into the state of California. On our product labels, SDS sheets, website pages, and in the product descriptions of our catalog, we display all required warnings according to California Prop. 65.

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