Acetaminophen Could Have Exemption ‘Qualifications’ If Added To Prop 65

11 Apr 2019

If acetaminophen is added to California's Prop 65 list, it would likely be a qualified listing, requiring OTC marketers only warn consumers under special circumstances, says a consumer products lawyer. Listing could spur argument between stakeholders and the state over FDA labeling pre-emption.

Adding acetaminophen to California’s Proposition 65 list of chemicals with carcinogenic potential would spark an appeal by the drug industry to exempt most OTC products containing the drug from the program's requirement for label warnings, say lawyers knowledgeable about the law.

“I certainly can envision it being listed,” said consumer products attorney Trent Norris.