CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: California finalised Proposition 65 short-form warning amendments

DECEMBER 2024 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

The US California's Office of Environmental Health Hazard Assessment (OEHHA) published¹ long-awaited amendments to update the safe harbor warning regulations in December 2024. The new Proposition 65 short-form warning will be more informative to consumers by including at least one chemical name. The effective date for the regulation is January 1, 2025. 

The amendment² allows a three-year transition period for the industry to adopt new short-form warning content. Products manufactured and labelled with the existing short-form warnings before January 1, 2028, may continue to be sold in the California market. 

The key highlights of the amendment are summarised below:

• The short-form warning requires at least one chemical name;
• More options are available to signal words for both warnings and short-form warnings. The current warning starts with the signal word “WARNING” or other words i.e., “CA WARNING” and “CALIFORNIA WARNING”;
• For internet purchases made before January 1, 2028, retailers have a 60-day transition period to update online short-form warnings after receiving notice from manufacturers. Changes should be made within a 3-year transition period; 
• Make explicit safe harbor status for short-form warning content on food products;
• Provide new tailored safe harbor warnings for passenger or off-highway motor vehicle parts and recreational marine vessel parts.

[1] OEHHA News

[2] Regulation text – clear and reasonable warnings 

HOW DOES THIS IMPACT YOU AND YOUR BUSINESS?

CONTACT US TO DISCUSS.

TÜV SÜD has dedicated experts to assist you in the development of consumer products and meeting applicable regulations. Through a global network of laboratories, TÜV SÜD offers a wide range of services that includes chemical tests, physical or mechanical tests as well as inspections to ensure the compliance of your products in target markets. 

For enquiries, please contact us at [email protected]