CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: California OEHHA revised Proposition 65 questions and answers on warning

JANUARY 2025 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

The California Office of Environmental Health Hazard Assessment (OEHHA) revised two questions and answers (Q&As) documents^1,2 in response to the recent short-form warning amendment³. These documents assist businesses in providing clear and reasonable Proposition 65 (Prop 65) warnings to consumers about potential exposures to harmful chemicals.

The revised Q&As include more detailed and updated guidelines for Article 6, clear and reasonable warnings of Prop 65, information related to internet and catalog warnings, and new requirements for short-form warnings. Specifically, the Q&A for businesses elaborates in details how to determine if a Prop 65 warning is necessary. Businesses can choose to perform testing or evaluate the need for a warning themselves, or they may also contact a toxicologist to conduct an exposure assessment.

The new short-form warning requires at least one chemical name to be included. Products manufactured and labelled before 1 January 2028, can continue using the prior short-form warning, or the new one. Businesses have the option to use either the full-length or short-form warning content on a label for consumer product exposure. Additionally, there is no specific type size for the full-length warning as long as the warning can be clearly seen by ordinary individuals. However, the short-form warning must not be smaller than 6-point type.

[1] Proposition 65 Clear and Reasonable Warnings Questions and Answers for Businesses, Article 6 Clear and Reasonable Warnings

[2] Proposition 65 Clear and Reasonable Warnings Questions and Answers for Businesses: Internet and Catalog Warnings

[3] TÜV SÜD E-ssentials Vol.7 of 2024, USA California finalised Proposition 65 short-form warning amendments

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