California Proposition 65 Warning Regulations

The California Office of Environmental Health Hazard Assessment (OEHHA) adopted the amendment to the clear and reasonable warnings section of the Proposition 65 (Prop 65) regulations on 30 August 2016.

The new language required for the warning labels is effective on August 30, 2018. Retailers and manufacturers should take steps now to ensure their products are compliant with the new California Proposition 65 warning regulations. 

Under Prop 65, businesses with 10 or more employees must provide “clear and reasonable” warnings before knowingly and intentionally exposing anyone to the listed chemicals in California. A generic Prop 65 warning that does not identify a specific chemical will no longer be sufficient under the new warning requirement. 

Key changes to the warning formats for Consumer Product Exposure Warnings include:

1. Warnings shall consist of a symbol of a black exclamation point within a yellow equilateral triangle. Where the sign, label or shelf tag does not use the color yellow, the symbol may be printed in black and white. 
2. The symbol is to be placed to the left of the word ‘WARNING’, in a size no smaller than the height of the word “WARNING”.
3. The word ‘WARNING’ needs to be in bold and capital letters.
4. The name of one or more listed chemicals contained in the product should be listed as well as the harm from exposure, i.e., cancer, birth defects or reproductive harm. 

   • For exposures to the listed carcinogens, the wording should be “…to cause cancer…”

   • For exposures to the listed carcinogen and the reproductive toxicant, the wording should be “… to cause cancer and birth defects or other reproductive harm…” 

   • For exposures to the listed reproductive toxicants, the wording should be “…to cause birth defects or other reproductive harm…”  

5. The web link of California OEHHA – www.P65Warnings.ca.gov shall be included. 
6. A simplified label on the product (On Product Warning) can be used which only includes the warning symbol and text, but listing the chemical is not required.

Example of a new full-text warning used in posted signs, shelf tags, shelf signs, catalogues or websites when no warning label is provided on the product:  

 

Example of an On-Product Warning: