Written on: February 1, 2025 by Nicholas Georges
The California Office of Environmental Health Hazard Assessment (OEHHA) finalized amendments to the “short-form” safe harbor warnings under the Proposition 65 (Prop 65) regulations, which became effective Jan. 1.
Under Prop 65, formally known as the Safe Drinking Water & Toxic Enforcement Act of 1986, companies are required to provide warnings about exposures to chemicals that have been identified by the State known to cause cancer, birth defects or other reproductive harm. It is important to note that exposure in this case does not refer to the mere presence of a substance; companies are not required to provide a warning if the exposure poses no significant risk.
The “safe harbor” warning language was significantly overhauled in 2016 and, due to the length of the “long-form” warning, many companies opted to use the “short-form” warning for smaller packages. In 2016, the “short-form” warning did not require a company to identify a specific chemical, instead only requiring that the risk (i.e. cancer, reproductive toxicity or both) was identified on the label.
Following the implementation of the safe harbor warnings, OEHHA had concerns about the number of companies utilizing the short-form warning and not identifying the chemical(s) that necessitated the language. Accordingly, OEHHA proposed changes and, after multiple rounds of stakeholder input, has amended the regulation.
Here are the key takeaways for those who use the “short-form” safe harbor warnings:
• The short-form warning language needs to contain at least one chemical. See below for more on the short-form warning language.
• The short-form warning language can be used immediately and all new products must be compliant by Jan. 1, 2028.
• Consumer product exposure warnings must be prominently displayed on a label, labeling or sign, and must be displayed with such conspicuousness as compared with other words, statements, designs or devices on the label, labeling or sign, as to rend the warning likely to be seen, read and understood by an ordinary individual under customary conditions of purchase or use.
• For pesticide products, the word “ATTENTION” or “NOTICE” in capital letters and bold type may be substituted for the word “WARNING.”
• OEHHA has provided an unlimited sell-through period for products manufactured and labeled with the existing short-form warnings before or during the three-year transition period.
• Retailers have a 60-day transition period to update online short-form warnings after receiving notice from the manufacturer.
• For catalog purchases, if a short-form warning is provided on the label, the warning provided in the catalog may use the same content.
The new “short-form” warning may be provided as follows:
• The exclamation mark symbol. This symbol needs to consist of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the sign, label or shelf tag for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning in a size no smaller than the height of the word “WARNING.”;
• The word “WARNING:” or the words “CA WARNING:” or “CALIFORNIA WARNING:” in all capital letters and bold print (or “ATTENTION” or “NOTICE” for Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) products); and
one of the following:
1. For exposures to listed carcinogens, the words:
“Cancer risk from exposure to [name of chemical].
See www.P65Warnings.ca.gov.”
“Can expose you to [name of chemical], a carcinogen.
See www.P65Warnings.ca.gov.”
2. For exposures to listed reproductive toxicants, the words:
“Risk of reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”
“Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov.”
3. For exposures to both listed carcinogens and reproductive toxicants, the words:
“Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”
“Can expose you to [name a chemical], a carcinogen, and [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov.”
4. For exposures to a chemical that is listed as both a carcinogen and a reproductive toxicant, the words:
“Risk of cancer and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”
“Can expose you to [name of chemical], a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov.”
When a warning is necessary, it is recommended that companies use the language created by OEHHA to guarantee their compliance with Prop 65 regulations. Remember, private citizens can act to ensure that warnings are properly provided, which has led to the rise of “bounty hunters” who are on the lookout for easy non-compliance targets. Update your warnings during the three-year transition period so as not to be an easy mark.
If you have any questions about the new “short-form” warning requirements or Prop 65 in general, please contact me at ngeorges@thehcpa.org. SPRAY
