On December 6, 2024, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued modifications to the Proposition 65 short-form warning requirements for consumer product labels via amendments to Title 27, California Code of Regulations sections 25601, 25602, 25603, and 25607.2 and additions of new sections 25607.50 through 25607.53. The modifications have been approved and take effect January 1, 2025.
The new short-form requirement is to list at least one chemical by name, similar to that in the long-form requirements. If the warning is provided for more than one endpoint (cancer and reproductive toxicity), the statement must include the name of at least one chemical for each endpoint. One exception would be if the named chemical is known to cause both cancer and reproductive toxicity which must be identified as such in the warning.
The amended regulation was intended to provide businesses with the flexibility in label size and warning method for their short-form content. Specifically, the requirement that the warning label be no smaller than the largest type size used for other consumer information printed on the product has been removed with the only requirement being that the font size of any warning must be at least 6-point type. In addition, any warning must be conspicuous on the labeling or a sign so that a consumer can easily see it.
Any business that currently uses the existing short-form warnings has 3-years to transition to the new short-form content (until January 1, 2028). The regulation also provides an unlimited sell-through period for any product manufactured and labeled with the existing short-form warnings before or during the 3-year transition period. If an online retailer is notified by the manufacturer of a revised safe harbor warning, then they will have a 60-day transition period to modify their online short-form warning content. New updates to the warning methods for online purchases include the option to indicate a warning on the product display page, or include a hyperlink with the word “WARNING” or the words “CA WARNING” or “CALIFORNIA WARNING” on the product display page that are linked to the warning information.
In regards to online sales, the amended regulation significantly limits the use of the short-form labels. Specifically, these requirements state the total surface area of the product to be labelled must be 5 square inches or less in order to use the short-form of the label and that the product size/shape cannot accommodate the long-form label. It should be noted that OEHHA has determined that available space is not limited on a website or in a catalog so a short0form warning is not allowed and a long-form warning is required in these circumstances. However, the short-form warning may only be used for the product itself if it meets the size requirements.
A new addition requires tailored safe harbor warnings be provided for parts of passenger or consumer off-highway motor vehicles and recreational marine vessels. This would apply to any part offered for sale or transferred to a consumer for installation or service. These products do not include items that are considered to be packaged service chemicals (i.e., engine oil, brake fluid, coolant (antifreeze), transmission fluid), lubricant (i.e., oil, grease), tires, parts containing asbestos, carpeting upholstery including fillings, textiles and fabrics. In addition to the existing required information, this new warning would require the following text:
- For motor vehicles: “Handling passenger or off-highway motor vehicle parts can expose you to chemicals such as phthalates and lead, which can cause cancer and reproductive harm. To minimize exposure, service the vehicle in a well-ventilated area, wear gloves, and wash your hands. For more information see P65Warnings.ca.gov/motor-vehicle-parts.”
- For marine vessels: “Handling recreational marine vessel parts can expose you to chemicals such as phthalates and lead, which can cause cancer and reproductive harm. To minimize exposure, service the vessel outdoors or in a well-ventilated area, wear gloves, and wash your hands. For more information see P65Warnings.ca.gov/marine-vessel-parts.”
These new short-form warning label developments were issued in order to make the warning statement more informative to the consumer and to provide additional warning format options for businesses. The final amendment text can be found at: Final Regulatory Text Updated 11-25-2024. A previous explanation of the California Proposition 65 warning label requirements can be found in the April 2022 edition of the H2 Monthly Newsletter (Monthly Newsletter – April 2022 – H2 Compliance).
Published December 9, 2024
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