California Proposition 65 – Proposal to amend the requirements for short-form warning labels
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1896, is a state law that requires businesses to provide written warnings to consumers when exposing them to chemicals that are known to cause cancer, birth defects, or other reproductive harm. The legislation provides a list of over 900 chemicals, which, if present in an article at a concentration that would exceed the safe harbour limit, must be communicated to the consumer using a label.
Under the existing warning label regulations, OEHHA allows a concise consumer warning label described as ‘short-form’ warnings, for situations where space on product labels or packaging is limited. The existing short-form warnings do not require identification of a specific chemical exposure for which a warning is being given.
Not requiring a specific chemical to be included in the short-form warning has led to its over-use, and many businesses are using the short-form warning excessively because it protects from potential litigation.
To mitigate this, on 27 October 2023, the OEHHA issued a Notice of Proposed Rulemaking (NPR) to amend Prop 65 Article 6, Clear and Reasonable Warnings.
The NPR includes the following notable changes:
- Require identification of a specific chemical for which the short-form warning is being given
- Clarify that short-form warnings may be used to provide safe harbour warnings for food products
- Clarify existing safe harbour warning requirements for products sold on the internet and in catalogues
- Add signal word options for food warnings
- Add new sections 25607.50, 25607.51, 25607.52, and 25607.53 to create tailored warning methods and content for exposures to listed chemicals from passenger or off-highway vehicle parts and recreational marine vessel parts
The following table provides a comparison between the current and proposed short-form warning requirements:
|
Exposure to
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Current warning
|
Proposed warning
|
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Carcinogen
|
 WARNING: Cancer – www.P65Warnings.ca.gov
|
WARNING or CA WARNING or CALIFORNIA WARNING:
Cancer risk from exposure to [name of chemical].
or
Can expose you to [name of chemical], a carcinogen.
See www.P65Warnings.ca.gov
|
|
Reproductive toxicant
|
 WARNING: Reproductive Harm – www.P65Warnings.ca.gov
|
WARNING or CA WARNING or CALIFORNIA WARNING:
Risk of reproductive harm from exposure to [name of chemical].
or
Can expose you to [name of chemical], a reproductive toxicant.
See www.P65Warnings.ca.gov
|
|
Carcinogens and reproductive toxicants
|
WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov
|
WARNING or CA WARNING or CALIFORNIA WARNING:
Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical].
or
Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant.
See www.P65Warnings.ca.gov
|
|
Listed as both carcinogen and reproductive toxicant
|
WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov
|
WARNING or CA WARNING or CALIFORNIA WARNING:
Risk of cancer and reproductive harm from exposure to [name of chemical].
or
Can expose you to [name of chemical], a carcinogen and reproductive toxicant.
See www.P65Warnings.ca.gov
|
OEHHA has scheduled a public hearing on December 13, 2023, to receive comments about this action, further information will be available after this date.
Contact us
For further support on California Proposition 65 and more information please contact one of our experts at [email protected]
11 November 2023