OEHHA Proposes Changes to Proposition 65 Short-Form Warning Amendments

Jun. 21 2024

In response to public comments, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of changes to the proposed amendments to Proposition 65 warning regulations.

Background
OEHHA proposed revisions to the short form warning in October 2023, with a comment period which ended in December 2023. After review of those comments, OEHHA has now made changes to their proposed amendments.

Overview of the Proposed Modifications
• Increase in the implementation period of the revised short form warning wording from two years to three years.
• Add a new rule that, during the three-year implementation period of the proposed amendments, internet retailers will be given a 60-day grace period to update online short-form warnings from the date they receive a notice to change the warning content.
• For internet and catalog warnings, OEHHA would reverse past changes and go back to the original 2016 regulatory text. Internet warnings would comply with Prop 65 if they use one or more of the following methods:
o A warning on the product display page; or
o A hyperlink using the word “WARNING” or the words “CA WARNING” or “CALIFORNIA WARNING” on the
product display page that links to the warning; or
o Otherwise prominently displayed warning given to the consumer before completion of the product’s
purchase.
• Warnings would not be considered to be prominently displayed if the purchaser must search for it in the website.
• This proposal does not require product purchased by the internet to include the waning on the product as the previous proposal required.
• OEHHA’s proposal is to allow three years to implement the revised warning content. Also, for retailers, the proposal would provide a 60-day grace period to provide updated warning language on websites after receiving a notice.
• Note that the proposed amendments still require the short form warning to identify at least one chemical for which the warning is being given and requires longer text than currently required for short form warnings.

Comment Period
Comments on the proposed changes must be submitted by June 28, 2024.

Additional Information
For additional details regarding the proposed modifications, please reference the OEHHA website:
• https://oehha.ca.gov/proposition-65/crnr/modification-proposed-amendments-regulations-clear-and-reasonable-warnings-safe
• https://oehha.ca.gov/comments

How Does this Impact You? Contact Us to Discuss
If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com
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