Breaking News: California Updates Title 27 'Clear and Reasonable Warnings' Requirement on Chemical Packaging

On 6 December 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) finalized amendments to the “short-form” safe harbor warnings under Proposition 65. The new rules, approved by the Office of Administrative Law on 26 November 2024, will go into effect on 1 January 2025, with a three-year transition period for businesses to comply.

Proposition 65, officially titled the Safe Drinking Water and Toxic Enforcement Act of 1986, mandates businesses with 10 or more employees to add warning labels to products that could expose individuals to chemicals identified as causing cancer, reproductive harm, or both. Despite initially being designed to accommodate small product labels, short-form warnings became widely used across various consumer products, raising concerns about their effectiveness. The finalized amendments address these concerns by requiring greater specificity in the warnings and introducing updated formatting options.

Key Changes and New Requirements

Under the previous version of the regulations, businesses used short-form warnings on their products that referenced a general risk that handling the product could cause, without specifics as to the chemical or what the harm could be. Under the new amendments, businesses must name at least one chemical for each type of exposure risk, such as cancer or reproductive harm, in their products. Additionally, the regulations have included new options for how to begin their warnings, choosing from the following: “WARNING,” “CA WARNING,” or “CALIFORNIA WARNING,” all presented in bold, uppercase letters.

For example, a warning might now state, “WARNING: Cancer risk from exposure to [chemical]. See www.P65Warnings.ca.gov,” or “CA WARNING: Can expose you to [chemical], a carcinogen. See www.P65Warnings.ca.gov.” Warnings for food products follow a similar pattern, directing consumers to a dedicated food-specific website, www.P65Warnings.ca.gov/food. According to the OEHHA, this revision to the language on short-form warnings should ensure consumers receive more detailed and actionable information about potential exposures to hazardous chemicals.

Unique Challenges for Small Products and Internet Catalog Sales

To accommodate smaller products that would not be able to fit the new short-form warning labels, the regulations also removed the requirement that the warnings match the largest font size used for other consumer information on the product. This change came after several organizations pointed out the possible issues they may face during the comment period on the proposed amendments. However, short-form warnings must still appear in a minimum six-point font and be displayed conspicuously to ensure consumers see and understand them before exposure.

The regulations also modify internet and catalog warning requirements. Businesses are no longer required to provide a physical warning with the product upon delivery. Instead, a 60-day transition period has been added to the amendments, allowing online retailers to update their warnings after receiving notice of revised content during the three-year implementation period.

Implications for Businesses

The finalized regulations mark a notable change in how Proposition 65 warnings are communicated to consumers. While the updated requirements aim to improve consumer understanding and decision-making, they present practical challenges for businesses. Companies that rely on short-form warnings will now face the challenge of accommodating longer warning text, especially on small labels or packages, while still ensuring compliance with visibility and conspicuousness standards.

Moreover, the increased specificity required in the new warnings will necessitate better coordination across supply chains. Manufacturers must have accurate data regarding their products’ chemicals, while retailers must update in-store and online signage to comply with the new requirements.

Fortunately, the OEHHA has allowed a three-year transition period for compliance with the new regulations. This extended timeline, increased from the initially proposed two years, reflects feedback received during public comments and considers the practical realities of implementation. The transition period allows companies to phase out old labels and adopt the new requirements gradually.

However, Terry Wells, Associate Director of Regulatory Research at 3E, emphasizes the importance of early preparation, stating, “This change in the short-form warning will have an impact on many companies in the supply chain. So many products in small packages can't accommodate the longer warning and many of these use preprinted labels that will take time to update. Retailers and others using a generic short-form warning will also need to make new signs and labels to name specific chemicals.”

In addition, Wells added, “Companies that haven't collected chemical-specific data will need to get started soon to get new labels ready.”

Wrap-Up: Preparing for Compliance in 2025

The recent amendments to Proposition 65 conclude a years-long effort to refine and enhance the regulation. OEHHA has sought to balance regulatory objectives and practical considerations for businesses by requiring greater specificity in warnings and providing a reasonable transition period. While the three-year transition period offers some flexibility, companies should follow Terry Wells’ advice and begin the process now of collecting chemical-specific data, updating pre-printed labels, and revising signage and warnings.

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