California Prop 65 Short-Form Warning: Proposed Amendments
By: Joe McCarthy, Lab Service Manager/Senior Regulatory Affairs Specialist, email
On January 8, 2021 The California Office of Environmental Health Hazard Assessment (OEHHA) published a Notice of Proposed Rule Making to place conditions of use on the Safe Harbor Clear and Reasonable Warnings “Short-Form Warning”.
The proposed change to the use of the Short-Form Warning, also referred to as the on-package warning, is triggered by;
1) It is not required to identify a chemical or chemicals in the short-form warning, which significantly limits the usefulness of the warnings to consumers.
2) The short-form warning was widely used for products that can easily accommodate a longer warning.
3) The short-form warning was used prophylactically when no warning is required.
The proposed amendments would;
- Only allow the short-form warning on products with 5 square inches or less of label space AND the package shape or size cannot accommodate the full-length warning AND the warning is in a type size no smaller than the largest type size used for other consumer information on the product and in no case smaller than 6-point type.
- Eliminate use of short-form warnings for internet and catalog warnings.
- Clarify how short-form warnings can be used for food products.
- Require that the name of at least one chemical be included in the short-form warning.
- Allow a 1-year phase in form the date the amendments come into force.
- Permit an unlimited sell through period for products that were compliant before the amendment comes into force.
When was the last time your formula was reviewed to determine if a Prop 65 warning is required?
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