On October 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) introduced proposed amendments to the Proposition 65 warning regulations. These revisions seek to enhance the clarity of the Proposition 65 short-form warning, potentially requiring businesses to disclose at least one Proposition 65-listed chemical present in the product.
Understanding Proposition 65 Short-Form Warning Labels
Under Proposition 65, businesses are required to issue warnings to consumers about potential exposure to chemicals linked to birth defects, cancer, or reproductive harm. The decision between a long-form or short-form warning for products is within the discretion of businesses.
Short-form warnings can be directly placed on a product without the necessity of identifying a specific chemical, making it the preferred choice for many businesses. Nevertheless, the OEHHA has expressed apprehensions about the widespread and preemptive adoption of short-form warnings by businesses, as it could potentially result in confusion among consumers.
Proposed Amendments at a Glance
The proposed amendments put forth by OEHHA include various aspects, including:
- Introduction of new safe harbor warning content for short-form warnings.
- Clarification of existing safe harbor warning requirements for products sold online and in catalogs.
- Inclusion of signal word options for food warnings.
- Confirmation of short-form warnings being applicable for safe harbor warnings on food products.
- Introduction of tailored safe harbor warnings for passenger or off-highway motor vehicle parts and recreational marine vessel parts.
Potential Business Impact
As businesses brace for potential regulatory shifts, AQM BD stands ready to assist through its product compliance department. For an in-depth understanding of the proposed amendments and their implications on business operations, click here to reach out to us.
