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As previously reported, on January 8, 2021 California’s Office of Environmental Health Hazard Assessment (OEHHA) published a proposed rulemaking to limit the use of the short-form version of the Proposition 65 safe harbor warning. Short-form warnings, which do not require the disclosure of chemical name(s) in the warning, have been widely used by manufacturers since they became an option in 2016.
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On December 13, 2021, OEHHA published a notice of modification to the proposed amendments on short-form warnings. As a response to comments received during the proposed rulemaking, OEHHA has modified the proposed regulation to make the following changes:
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Increase the maximum label size for short-form warnings from 5 square inches to 12 square inches.
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Allow the use of short-form warnings to be used on internet or catalog warnings, when the short-form warning is being used on the product label.
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Provide the additional signal word options of “CA Warning” or “CALIFORNIA WARNING” to make clear that the warning is being given pursuant to California law (whereas the original language only permitted the signal word “WARNING”).
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Provide additional warning language options including: “Exposes you to [name of chemical], a [carcinogen and/or reproductive toxicant] -www.P65Warnings.ca.gov.” and “Exposes you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant – www.P65Warnings.ca.gov.”
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OEHHA is accepting comments on the proposed modifications through January 14, 2021. We will continue to monitor any developments.
OEHHA Modifies Prop 65 Short-Form Warning Proposal
Thursday, December 16, 2021
