Tech Watch: OEHHA Finalises Changes to Prop 65 Short-Form Warning Regulations

On 6 December 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) published amendments to Proposition 65 (Prop 65) Article 6 “Clear and Reasonable Warnings” regulations for “short-form” warnings. Approved by the Office of Administrative Law (OAL) on 26 November 2024, these amendments will take effect on 1 January 2025.

Key revisions

1. Chemical Name Inclusion
   The amendments require businesses to include at least one chemical name for each applicable endpoint (cancer and/or reproductive toxicity) in short-form warnings. This change promotes transparency for consumers by identifying the specific substances triggering the warning.
   
   
2. Transition Period
   Businesses have until 1 January 2028, to transition to the updated short-form warning requirements. This extended timeline allows sufficient time for label updates and compliance planning.
   
   
3. Unlimited Sell-Through Allowance
   Products labelled with the existing short-form warnings before or during the transition period may continue to be sold indefinitely without the need for relabelling, ensuring minimal disruption to existing inventory.
   
   
4. Flexibility in Label Size and Warning Methods
   Label size restrictions for short-form warnings have been removed. Businesses can now apply short-form warnings to any label size, provided the text remains at least 6-point font and is conspicuous.
   
   
5. Internet and Catalog Warnings
   Retailers must ensure Proposition 65 warnings for online sales are accessible both prior to purchase and before product exposure. A 60-day grace period allows for updates to online warnings upon receiving revised content from manufacturers.
   
   
6. Tailored Warnings
   New tailored safe harbour warnings have been introduced for specific product categories, such as vehicle and recreational marine vessel parts, offering businesses compliance flexibility and clarity for these specialised products.
   

Resources and next steps

OEHHA announcement as well as the final rule can be reviewed here.

Manufacturers, brands, and retailers are strongly encouraged to review these regulatory updates, evaluate their product lines, and begin implementing necessary changes within the transition period.

Enquiry

For questions and additional information, please contact Dr. Pratik Ichhaporia
(Pratik.ichhaporia@cpt.eurofinsus.com, +1-669-837-2257) or David Hong (David.Hong@cpt.eurofinscn.com)