The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) published proposed amendments to the short form Proposition 65 (Prop 65) warning regulation. These amendments are in response to the comments received from the original proposal.

The OEHHA has modified the proposed regulation to improve the short-form warnings to provide consumers more specific information, and to limit the use of the safe harbor short form warning to small products. The proposed changes are summarized below:

  1. Increase the maximum label size for short-form warnings from 5 in2 to 12 in2

The maximum label size for short form warnings was increased from 5 in2 to 12 in2 (Section 25602(a)(4)(A)). There were multiple comments from the original proposal about the proposed maximum label size of 5 in2. It was determined a 12 in2 limit would be an appropriate size, while still limiting use of the short-form warnings to packages with limited label space that could not contain the full warning.

  1. Allow use of the short form warning on the internet or in catalogs when the short form warning is used on the product label

The option to use the short form warning on websites or in a catalog had been removed in the original proposal (Sections 25602(b) and (c)). Commenters stated that the removal of the short form warning option for internet websites and catalogs could result in differing warning language for the same products. OEHHA also acknowledged that the removal of this option could increase product retailer responsibility, rather than allowing them to rely on the warnings on the product label. As a result, the option to use short form warnings on websites or in a catalog was returned.

  1. Provide additional signal word and warning language options

Signal word options “CA WARNING” or “CALIFORNIA WARNING” were added to allow businesses to make obvious that the warning is applicable to California law. Businesses would still have the option to use the signal word “Warning”.

OEHHA is also providing an additional warning option that directly addresses exposure to carcinogens or reproductive toxicants to provide an additional safe harbor warning that can be used on the product label.

  1. Clarification on wording

In several sections the word “product” was removed from the proposed term “product label”. The existing term “label” remains. Some comments stated that “product label” was vague and unclear.

OEHHA is requesting comments on the modifications to the proposed amendments. Comments must be received by OEHHA no later than January 14, 2022.