The California Office of Environmental Health Hazard Assessment (OEHHA) has made four amendments to Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings. These amendments, approved by the Office of Administrative Law (OAL) on November 26, 2024, aim to make the warnings more informative for consumers and will take effect on January 1, 2025.
Following is the summary of key amendments:
| Clearer Chemical Identification | Businesses must now include the name of at least one chemical for each relevant health risk (cancer and/or reproductive toxicity) in short-form warnings. |
| Flexible Labeling Options | Label size restrictions have been removed, enabling businesses to apply short-form warnings to any label size, provided the text is at least 6-point font and conspicuous. |
| Enhanced Online Warnings | Retailers must ensure Proposition 65 warnings are accessible online, both before purchase and product exposure, with a 60-day grace period for updates. |
| No Relabeling Required | Products already labeled with existing short-form warnings can continue to be sold without relabeling, minimizing disruption to inventory. |
| Phased Implementation | A transition period until January 1, 2028, allows businesses sufficient time to update labels and ensure compliance. |
| Tailored Warnings for Specific Products | New safe harbor warnings have been introduced for particular product categories (such as passenger or off-highway motor vehicle parts, Recreational Marine Vessel Parts), providing businesses with clearer compliance guidelines. |
Updated Proposition 65 Short-Form Warnings Example:
Example for listed carcinogen:
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Cancer risk from exposure to [name of chemical]. See www.P65Warnings.ca.gov. Or,
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a carcinogen. See www.P65Warnings.ca.gov.
Example for listed reproductive toxicant:
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Risk of reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov. Or,
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov.
Example for exposure to both listed carcinogens and reproductive toxicants：
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov. Or,
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov.
Example for exposure to chemicals listed as both a carcinogen and a reproductive toxicant:
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Risk of cancer and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov. Or,
WARNING [OR CA WARNING OR CALIFORNIA WARNING]: Can expose you to [name of chemical], a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov.
The following link provides detailed information about the amendments:
https://oehha.ca.gov/media/downloads/crnr/finalregtext112624approval.pdf
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