California Proposition 65: OEHHA Consults Over Proposed Revisions to Short Form Warnings

On December 13, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) published a notice of modification to its proposal to revise Proposition 65 (Prop 65) Article 6 ‘Clear and Reasonable Warnings – Short Form.’

 This Notice of Proposed Rulemaking (NPR) was first issued in January 2021. After an extended public comment period, to March 29, 2021, the OEHHA proposed to make several important changes to its proposed rulemaking to improve the short-form warnings, to provide consumers with more specific information and to limit the use of the safe harbor short form warning to small products. It:

• Increases the maximum label size of the short-form warnings from 5 square inches (5 inches²) to 12 square inches (12 inches²). Short-form warnings may only be used if the total surface area of the label available for consumer information is less than or equal to 12 square inches, and the package shape or size cannot accommodate the full-length warning under Section 25603(a)
• Allows the use of the short-form warning on the internet or in catalogs where the short-form warning is used on the product label
• 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’
• Provides additional warning language options that more directly address exposure to carcinogens or reproductive toxicants to provide an additional safe harbor warning that can be used on the product label
• Removes the word ‘product’ from the proposed term ‘product label’ as that phrase was undefined and misleading. Instead, simply the term “label” is now being proposed

Examples of short-form warnings

For exposures to listed carcinogens:

⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Cancer risk from exposure to [name of chemical] – www.P65Warnings.ca.gov 
or
⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Exposes you to [name of chemical], a carcinogen – www.P65Warnings.ca.gov 

For exposures to listed reproductive toxicants:

⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Risk of reproductive harm from exposure to [name of chemical] – www.P65Warnings.ca.gov 
or
⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Exposes you to [name of chemical], a reproductive toxicant - www.P65Warnings.ca.gov

 
For exposures to both listed carcinogens and reproductive toxicants:

⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Cancer risk from [name of chemical] and of reproductive harm from exposure to [name of chemical] – www.P65Warnings.ca.gov 
or
⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Exposes you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant – www.P65Warnings.ca.gov

For exposures to a listed chemical that is listed as both a carcinogen and a reproductive toxicant:

⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Cancer risk and reproductive harm from [name of chemical] exposure – www.P65Warnings.ca.gov 
or
⚠️ WARNING [or CA WARNING or CALIFORNIA WARNING]: Exposes you to [name of chemical], a carcinogen and reproductive toxicant – www.P65Warnings.ca.gov

According to the notice of modification, comments will be accepted until January 14, 2022 – the amendments would become operative one year after the effective date of the amendments.

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. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website. 

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For inquiries, please contact:

Dr. Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420 

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