California Proposes Further Changes To Proposition 65 Short-Form Warnings
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California Proposes Further Changes To Proposition 65 Short-Form Warnings
On December 13, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) issued another notice to amend the short-form warning regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65.
If this law was enacted three decades ago, why are we talking about it now?
OEHHA became concerned that the short-form warning was being overused on products of all sizes and was not providing any specific chemical information to consumers. So on January 8, 2021, OEHHA proposed to amend the short-form warning regulations to:
• Require the identification of at least one chemical; and
• Limit its use to products with five square inches or less of label space or packages that could not accommodate the full-length warning.
OEHHA received over one hundred comments on its proposed amendments. In response to comments, OEHHA issued another proposed amendment to the short-form warning regulations. While OEHHA retained the requirement from the January proposal to identify at least one chemical in the warning, it modified the proposed regulation to, among other things:
• Increase the maximum surface area of the label available for consumer information from five square inches to 12 square inches;
• Continue to allow the use of the short-form warning on the internet or in catalogs where the short-form warning is used on the product label; and
• Provide additional warning language options.
Additionally, new signal word options were added in several sections to allow businesses to make clear that the Proposition 65 warning is being given pursuant to California law. Currently, the warning must include the word “WARNING.” Under the proposal, companies also would have the option of using “CA WARNING” or “CALIFORNIA WARNING.” Because most companies use the same labels for products sold in California and elsewhere, this reference to California may explain the presence of the warning for non-California consumers that are unfamiliar with Proposition 65.
When does Proposition 65 take effect?
As proposed, the amendments would become operative one year after the effective date. Thus, manufacturers would have one year after the effective date to revise their Proposition 65 warnings. Additionally, there is an unlimited sell-through period for products manufactured up to the operative date. Alternatively, businesses may use the amended warning prior to the operative date.
Our environmental team continues to monitor these developments and is happy to answer any questions you might have about this amendment as well as any other environmental matters you might require assistance with.
About the Author: AnnMarie Sanford, a Member in Dickinson Wright’s Troy office, is primarily engaged in environmental remediation, regulatory issues, and counseling clients regarding compliance with federal and state chemical regulations. She can be reached at 248-205-3246 or asanford@dickinsonwright.com.
California Proposes Further Changes To Proposition 65 Short-Form Warnings
On December 13, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) issued another notice to amend the short-form warning regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65.
If this law was enacted three decades ago, why are we talking about it now?
OEHHA became concerned that the short-form warning was being overused on products of all sizes and was not providing any specific chemical information to consumers. So on January 8, 2021, OEHHA proposed to amend the short-form warning regulations to:
• Require the identification of at least one chemical; and
• Limit its use to products with five square inches or less of label space or packages that could not accommodate the full-length warning.
OEHHA received over one hundred comments on its proposed amendments. In response to comments, OEHHA issued another proposed amendment to the short-form warning regulations. While OEHHA retained the requirement from the January proposal to identify at least one chemical in the warning, it modified the proposed regulation to, among other things:
• Increase the maximum surface area of the label available for consumer information from five square inches to 12 square inches;
• Continue to allow the use of the short-form warning on the internet or in catalogs where the short-form warning is used on the product label; and
• Provide additional warning language options.
Additionally, new signal word options were added in several sections to allow businesses to make clear that the Proposition 65 warning is being given pursuant to California law. Currently, the warning must include the word “WARNING.” Under the proposal, companies also would have the option of using “CA WARNING” or “CALIFORNIA WARNING.” Because most companies use the same labels for products sold in California and elsewhere, this reference to California may explain the presence of the warning for non-California consumers that are unfamiliar with Proposition 65.
When does Proposition 65 take effect?
As proposed, the amendments would become operative one year after the effective date. Thus, manufacturers would have one year after the effective date to revise their Proposition 65 warnings. Additionally, there is an unlimited sell-through period for products manufactured up to the operative date. Alternatively, businesses may use the amended warning prior to the operative date.
Our environmental team continues to monitor these developments and is happy to answer any questions you might have about this amendment as well as any other environmental matters you might require assistance with.
About the Author: AnnMarie Sanford, a Member in Dickinson Wright’s Troy office, is primarily engaged in environmental remediation, regulatory issues, and counseling clients regarding compliance with federal and state chemical regulations. She can be reached at 248-205-3246 or asanford@dickinsonwright.com.
