CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: California Proposition 65 short-form warning proposal is further updated

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

Back in Oct 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) reproposed the amendment in short-form warnings. After collecting public comments until 3 January 2024, the OEHHA made some adjustments^{1, 2} based on public feedback and published a 15-day notice³ of modification to propose further amendments. The commenting period starts on 13 June and ends on 28 June 2024.

Here are the highlights of key changes:

• More time for businesses: Businesses will now have three years (instead of two) to switch to the updated short warning labels;
• Allow more flexibility: The short-form warning is used for the product; the same content may be used for catalogs and on the website for online purchases. This goes back to the original rules; 
• Grace period for online retailers: Online stores will get a 60-day grace period after receiving a notice from the product suppliers to update their short-form warning labels during the three-year implementation period.

[1] Notice of modification to the proposed text

[2] Proposed Modified Regulatory text

[3] Unofficial copy of modified regulatory text

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