SG 149/23
The proposal aims to modify California’s Prop 65 safe harbor warning methods, particularly those relating to short-form warnings.
On October 27, 2023, California’s Office of Environmental Health Hazard Assessment (OEHHA) reintroduced a proposal to modify the safe harbour warning methods required under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or Prop 65). This comes after modifications were initially proposed in 2021, revised twice and eventually abandoned in 2022, when the rulemaking reached the regulatory time limit for completion.
The main objective of the current proposal, similar to previous drafts, is to limit the usage of the short-form Prop 65 warnings. The short-form warning requirements currently allow companies to apply a warning without identifying the chemical name for which the warning is being applied. This has led to a widespread use of the short-form warning, which OEHHA claims were only intended for small products with limited label space. The proposed amendment would require businesses to at a minimum specify one chemical which triggered the warning. Per the draft, companies would have two years to transition to the new short-form warning requirements. Contrary to previous proposals, the current version does not limit short form warnings to specific product sizes. Table 1 summarizes proposed short form warning content based on the different routes of exposure.
Highlights of other proposed 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 regular and short form warnings.
- Removes requirement for short form warning labels to be no smaller than the largest type size used for other consumer information on the product. The requirement for the type size to be at least 6-point remains.
- Clarifies that short-form warning labels can be used on food products as well.
- Requires for online or catalog purchases warning labels to be included on or with the product in addition to displaying the warning at the point of purchase.
Proposed Amendments to California Proposition 65, Article 6 Clear and Reasonable Warnings, Subarticle 2 Safe Harbor Methods and Content
| Exposure endpoint(s) | Proposed modified warning content for short-form warnings |
|---|---|
| For exposures to listed carcinogens |
|
| For exposures to listed reproductive toxicants |
|
| For exposures to both listed carcinogens and reproductive toxicants |
|
| For exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant |
|
Table 1
The OEHHA is holding a public hearing December 13, 2023, and is accepting comments until December 20, 2023.
Throughout a global network of laboratories, SGS offers comprehensive testing, product assessment and consultancy services related to California Proposition 65 to help you manage risk in your supply chain for consumer goods such as DIYs, electrical and electronics, hardgoods products, juvenile products, and textile & toy products. Contact us for more information or visit our website. In the end, it’s only trusted because it’s tested.
© SGS Société Générale de Surveillance SA. This publication or website is a property of SGS Société Générale de Surveillance SA. All contents including website designs, text, and graphics contained herein are owned by or licensed to SGS Société Générale de Surveillance SA. The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations. All information is provided in good faith “as is”, and SGS Société Générale de Surveillance SA makes no representation or warranty of any kind, express or implied, and does not warrant that the information will be error-free or meet any particular criteria of performance or quality.
