California Proposition 65 to Restrict Short-Form Warning Labels
California Proposition 65 (CA Prop 65) is designed to inform the public about exposure to toxic substances presence in consumer products and their environment. If a product sold in California contains a chemical that is listed in CA Prop 65, a warning label is required if consumer’s exposure level to that chemical is above the Safe Harbour Level. Failure to comply would result in business being issued a “Non-compliance Notice” or “Notice of Violation” and might result in court case if a settlement is not reached.
In August 2016, the Office of Environmental Health Hazard Assessment (OEHHA) approved the new requirements for a short-form warning, which were formally implemented in August 2018. However, there has been widespread use of short-form warnings in ways that were not intended and do not further the purposes of Proposition 65. On January 8, 2021, OEHHA has therefore determined that further amendments of certain sections of Article 6 are necessary. The amendments are currently opened for comment until March 8, 2021.
The proposed main amendments are as follows:
- For consumer products, the short-form warning label may only be used if the total surface area of the product label available for consumer information is 5 square inches or less; and the package shape or size cannot accommodate the full-length warning described in Section 25603(a);
- The entire warning is printed must be in a type size no smaller than the largest type size used for other consumer information on the product; In no case shall the warning appear in a type size smaller than 6-point type, and;
- Current short form doesn’t need to show chemical name in warning label. According to draft, at least one chemical name must be included into short form of warning label. Besides the Warning content are also different from before;
- Short-form warning can no longer be provided on internet or catalogue purchases;
- Clarify how the labels can be used for food products
For consumer products, the samples of revised short-form warning label are as follows:
SGS can help you do business in the state of California and inform you about regulatory and policy developments for consumer products, enabling you to implement a proactive and comprehensive compliance program for your products.