USA - Proposition 65 - Short form Warning Update

​California’s Office of Environmental Health Hazard Assessment (OEHHA) has finalised Proposition 65 "short form" warning requirements.

These updates are of great relevance as they pertain to the “short-form” warning labels used in the State of California.

Summary of Updates:
Enhanced Disclosure: A notable change is the requirement for businesses to name at least one substance on short-form labels to inform consumers about the specific chemicals contributing to cancer or reproductive toxicity risks.
Implementation Timeline: Companies have been granted an adaptation period, extending up to January 1, 2028, to accommodate the integration of these new labeling requirements.
Inventory Flexibility: For products labeled in accordance with existing standards before this update, there is no need for immediate re-labelling, thereby allowing for a smoother transition for current stock.
Labeling Versatility: Previous limitations concerning the label size for short-form warnings have been lifted, allowing for more flexible application across different product sizes, with the proviso that text remains conspicuous and legible with a minimum font size.
Online and Catalog Sales Adjustments: E-commerce platforms must ensure the visibility and accessibility of Prop 65 warnings to consumers both before the purchase is made and in anticipation of product exposure, with a 60-day period provided to revise online warnings in line with new manufacturer updates.
Sector-Specific Warning Guidance: The new regulations also introduce customized warning frameworks for certain categories like vehicle and marine equipment parts, aiding businesses in achieving compliance confidence for these distinct market segments.

The full details on these amendments can be found in OEHHA’s recent announcement.