California Proposition 65: OEHHA Consults Over Modification of Proposed Revisions to Consumer Product Exposure Warnings

On April 5, 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) announced a second 15-Day Modification to Proposed Amendments to Article 6 – Clear and Reasonable Warnings for Consumer Product Exposures.

The latest consultation stems from the Notice of Proposed Rulemaking (NPR) of January 2021. After an extended public comment period, to March 2021, followed by the first 15-day modification of December 2021, the OEHHA proposed to further amend its requirements for consumer product exposure warnings. It:  

• Allows the use of short-form warnings on product labels of any size, regardless of package size and shape, by removing the limitations for the use of these product labels (Section 25602(a)(4))
• Removes the provision where the font type size must be the same as the largest type size providing consumer information, but retains the requirement of a minimum of 6-point type size when using short-form warnings (Section 25602(a)(4)) – the entire warning must be clearly visible, easily legible, understandable and comply with Section 25601(c)
• Modifies the language ‘exposes you to’ to ‘can expose you to’ (Subsections 25603(b) and 25607.2(b))
• Changes the regulation’s operative date from ‘one year’ to ‘two years’ after the effective date of the amendments to allow businesses to implement changes to the short form

Examples of short-form consumer product exposure 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]: Can expose you to [name of chemical], a carcinogen – www.P65Warnings.ca.gov

For exposures to 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]: Can expose 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]: Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant  – www.P65Warnings.ca.gov

For exposures to a 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]: Can expose you to [name of chemical], a carcinogen and reproductive toxicant  – www.P65Warnings.ca.gov

According to the latest notice of modification, comments will be accepted until April 20, 2022 – the amendments would become operative two years 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. 

For inquiries, please contact:

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

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