California Enforces Stricter Short-Form Warnings Under Proposition 65

What Are the New Proposition 65 Requirements?

The updated short-form warnings mandate the inclusion of at least one listed chemical for each endpoint, such as cancer or reproductive harm. Businesses can no longer rely on generic warnings. The new rules also apply to specific sectors, including food products, automotive parts, and recreational marine vessels.

Transition Timeline for Compliance

Businesses have until the end of 2027 to transition fully to the revised warnings. Products manufactured and labeled before January 1, 2028, can continue using old labels indefinitely. To ease the transition, the rules provide tailored options for various industries and address online sales by allowing warnings on product display pages or via hyperlinks.

What This Means for Businesses

The revised warnings are designed to reduce over-warning and enhance the accuracy of Proposition 65 disclosures. However, many businesses express concerns about the cost of compliance, which includes redesigning labels and updating digital warnings. Despite the challenges, the regulations grant flexibility with tailored warning formats for specific industries, such as automotive parts, recreational marine components, and food products.

Consumer Benefits from Updated Short-Form Warnings

By requiring businesses to name specific chemicals in warnings, OEHHA aims to empower consumers with the information they need to make informed purchasing decisions. The changes address longstanding complaints about the ambiguity of previous warnings. "These updates balance the need for consumer protection with practical solutions for businesses," an OEHHA spokesperson noted.

Preparing for the January 2028 Deadline

As the effective date approaches, businesses are advised to begin updating their warning labels and digital disclosures. With a three-year transition period, early action can minimise costs and ensure compliance, avoiding potential legal challenges.