California Approves Amendment to Prop 65 Warning Methods

SG 177/24

California approved the long-anticipated amendment to its Proposition 65 Safe Harbor Warning Methods. Short-form warning labels will need to carry the name of at least one chemical triggering the warning by January 1, 2028.

On November 26, 2024, the California Office of Administrative Law (OAL) approved proposed amendments by the California Office of Environmental Health Hazard Assessment (OEHHA) to its safe harbor warning methods. The safe harbor warning methods prescribe the language and format for warning labels under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or Prop 65). The approved amendment will revise various sections of the warning methods under Article 6 to Chapter 1 of Division 4 of Title 27 of the California Code of Regulations.

This comes after the amendment proposal was reintroduced in October 2023 and further modified in June 2024 (SG 149/23, SG 97/24).

The most significant change under the amendment relates to the information displayed on the short-form warning label. Under the current safe harbor warning methods, the identification of at least one chemical is required for the long-form warning label, but none is required for the short-form label. Following the amendment, at least one chemical must be listed for both the long-form and short-form warning labels. The OEHHA introduced this update to make short-form warning labels more informative to consumers.

Table 1 details the new warning language content for short-form warning labels under the different exposure endpoints.

Highlights of other changes are listed below:

• Provides two additional signal word options ‘CA WARNING’ or ‘CALIFORNIA WARNING’ to allow businesses to make clear that the warning is being given pursuant to California law. These are in addition to the word ‘WARNING’ and are available both for long- and short-form warnings
• Lifts font restriction on short-form warning labels that previously mandated font to be no smaller than the largest type size used for other consumer information on the product. Minimum font size of 6-point remains
• Provides internet retailers a 60-day grace period, from when they receive a warning or written notice to change to the new warning content and to update their online short-form warnings during the three-year implementation period
• Clarifies that short-form warning labels can be used on food products
• Provides new tailored safe-harbor warnings for passenger or off-highway motor vehicle parts, as well as recreational marine vessel parts

Table 1

The amendment will become effective January 1, 2025. The updated short-form warning content will become mandatory on January 1, 2028, providing a transition period of three years. Products labeled with existing short-form warnings during the transition period may continue to be sold indefinitely without needing relabeling, reducing disruption to existing inventory.

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