U.S. California Proposition 65 OEHHA Amendments to Short-Form Warning Regulations

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Vol. 1445 | 22 Dec 2024

California Updates Proposition 65 Short-Form Warnings

The California Office of Environmental Health Hazard Assessment (OEHHA) has made amendments to Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings.  These amendments, approved by the Office of Administrative Law (OAL) on November 26, 2024, aim to make the warnings more informative for consumers and will take effect on January 1, 2025.

Following is the summary of key amendments:

Clearer Chemical Identification

Businesses must now include the name of at least one chemical for each relevant health risk (cancer and/or reproductive toxicity) in short-form warnings.​

Flexible Labeling Options

Label size restrictions have been removed, enabling businesses to apply short-form warnings to any label size, provided the text is at least 6-point font and conspicuous.​

Enhanced Online Warnings

Retailers must ensure Proposition 65 warnings are accessible online, both before purchase and product exposure, with a 60-day grace period for updates.

No Relabeling Required

Products already labeled with existing short-form warnings can continue to be sold without relabeling, minimizing disruption to inventory.

Phased Implementation

A transition period until January 1, 2028, allows businesses sufficient time to update labels and ensure compliance.

Tailored Warnings for Specific Products

New safe harbor warnings have been introduced for particular product categories, providing businesses with clearer compliance guidelines

Exposure warning guidelines are provided for the category of consumer products, food products as well as passenger or off-highway motor vehicle parts.

If you have any questions, please contact:

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Andrew Loveland

Technical Director - Hardlines, Softlines and Toys

Andrew brings over 20 years of experience in the regulatory compliance and technical services industry relating to consumer products. With a background in electrical engineering, he advises on the technical aspects of identification and application of regulatory requirements and appropriate test methods necessary to measure safety, quality, and performance of consumer products. Andrew often advises retailers and suppliers on appropriate actions to effectively manage compliance risks.  

Email:  andrew.loveland@intertek.com  

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Harini Ramaswamy

Technical Manager, Softlines

Harini provides technical and regulatory support on consumer products testing to retailers in North America. She supports global labs, engages with regulatory bodies, industry groups and standards organizations. Harini holds a master’s degree in Design (Apparel Studies) from the University of Minnesota and B. Tech in Apparel Technology from Anna University, Chennai. Her functional apparel design projects presented at the Industrial Fabrics Association International (IFAI) and Techtextil conferences have won her numerous accolades. 

Email:  harini.ramaswamy@intertek.com

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