This month, the Office of Environmental Health Hazard Assessment (OEHHA) proposed substantial changes to Proposition 65’s short-form warning requirements.
For those businesses currently using the Proposition 65 short-form warnings on their product labels and websites, and for those businesses selling food products in California, the methods and strategies for remaining compliant may be changing, yet again.
Under the proposed amendment, businesses utilizing the short-form warning would be:
⚠ WARNING: Cancer Risk From [Name of one or more chemicals known to cause cancer] Exposure - www.P65Warnings.ca.gov
⚠ WARNING: Risk of Reproductive Harm From [Name of one or more chemicals known to cause reproductive toxicity] Exposure - www.P65Warnings.ca.gov
⚠ WARNING: Cancer Risk from [insert chemical name] and Reproductive Risk from [insert chemical name] Exposure – www.P65Warnings.ca.gov
OEHHA has initiated a rulemaking to receive comments on the proposed changes to Proposition 65. Comments are due on March 8, 2021.
If the proposed amendments are approved, they would not become effective until one year after the date of approval. Thus, a warning for a consumer product manufactured prior to the effective date (one year after approval) would be deemed clear and reasonable as long as it complied with the prior August 2016 Proposition 65 amendments.
If the amendments become effective, businesses using the short-form warnings may need to conduct chemical testing on products sold in California and identify specific listed chemicals to remain in compliance. In anticipation of the proposed changes, businesses selling consumer products in California that are utilizing the short-form warnings may want to consider updating their Proposition 65 compliance strategy.