Prop 65: Amendment of Short-Form Warning Requirements

On December 6, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) announced significant changes to the Proposition 65 "short-form" warning regulations. These amendments, which took effect on January 1, 2025, aim to make the warnings more informative for consumers while providing businesses with additional options and flexibility. Industries and companies producing, distributing, or selling products in California that may expose consumers to chemicals known to cause cancer, birth defects, or reproductive harm (>10 employees) are impacted.  

Key changes include:

• Chemical Identification: Short-form warnings must now specify at least one Proposition 65-listed chemical for which the warning is being provided.
• Extended Implementation Period: Businesses have a three-year transition period, until January 1, 2028, to comply with the new short-form warning content requirements.
• Food Product Warnings: The amendments explicitly allow the use of short-form warnings for food products, with a specific hyperlink to www.P65Warnings.ca.gov/food.
• New Warning Options: Businesses can now use "CA WARNING" or "CALIFORNIA WARNING" in addition to the standard "WARNING" label.
• Retailer Accommodation: During the three-year implementation period, retailers have a 60-day grace period to update online short-form warnings after receiving notice from a manufacturer.
• Specialized Warnings: New tailored safe harbor warnings have been introduced for passenger or off-highway motor vehicle parts and recreational marine vessel parts. OEHHA determined that warnings for chemicals from these parts carry unique challenges and unpredictable exposures. A general warning for the parts, combined with a recommendation that consumers practice good industrial hygiene is now mandatory, even in the case that chemicals are not be accessible to consumers, for example, if the chemical is in an internal component to which the consumer may never be exposed. Requirements for Label content are defined in respective newly added articles. Note:  ¿Passenger or off-highway motor vehicle part¿ means any part offered for sale or transferred to a consumer for installation in or service on a ¿passenger¿ or ¿off-highway motor vehicle¿, but shall not include packaged service chemicals, tires, parts containing asbestos, carpeting, upholstery including fillings and coverings, textiles, or fabrics.
  • Passenger vehicles are: Motor vehicles for person transport (including housecars) 
  • Off-highway motor vehicles: Includes motorcycles, snowmobiles, dune buggies, ATVs, and recreational off-highway vehicles. The scope refers only to those vehicles that are considered consumer products.  

These changes reflect OEHHA's efforts to address concerns about the overuse of short-form warnings and to ensure that consumers receive more specific information about potential chemical exposures. Businesses using Proposition 65 warnings should review these amendments carefully to ensure compliance by the 2028 deadline. For more detailed information, please visit the OEHHA website.