The California Office of Environmental Health Hazard Assessment (OEHHA) had officially amended the Proposition 65 safe harbor warning regulations, with the new requirements taking effect on January 1, 2025.
These amendments were approved by the California Office of Administrative Law (OAL) on November 26, 2024, and revise Sections 25601, 25602, 25603, and 25607.2 of Title 27 of the California Code of Regulations, while also adding new Sections 25607.50 through 25607.53.
OEHHA first proposed updates to the short-form warning requirements in 2021, but the rulemaking process was delayed. It was later reinitiated in 2023, which ultimately led to the finalized amendments issued in 2024. The full regulation text can be accessed here:
California Proposition 65 Final Regulation Text (PDF)
Key Changes
One of the most notable updates is that the new short-form warnings are no longer quite so “short.” The revised short-form warnings must now include at least one listed chemical name associated with each applicable risk endpoint (cancer and/or reproductive toxicity). Previous short-form warning safe harbors did not require identification of a specific chemical.
Businesses now also have the option to use one of three signal phrases within the warning:
- WARNING”
- CA WARNING
- CALIFORNIA WARNING
The minimum font size requirement of 6-point remains unchanged under the amended regulations.
Transition Period for Businesses
Businesses currently using compliant existing short-form warnings are being provided with a three-year transition period to update labels and packaging.
Products manufactured and labeled on or before December 31, 2027, using the current short-form warning format may continue to be sold as labeled. The updated warning requirements will effectively become mandatory beginning January 1, 2028.
In addition, during the transition period, retailers are provided with 60 days to update online short-form warnings after receiving notification from a manufacturer.
What This Means for Industry
These amendments are intended to make Proposition 65 warnings more informative to consumers while also providing businesses with additional flexibility and product-specific warning options.
Companies selling products into California should begin reviewing current warning strategies, packaging, and online product listings to ensure future compliance with the updated requirements
Blog Author
Kirsten Alcock, H.BSc.
Kirsten Alcock is the Director of Product Safety at Dell Tech, with over 25 years of experience in regulatory affairs and hazard communication. She specializes in safety data sheets, labeling, and chemical compliance across Canadian and U.S. regulations, and is an active leader in the chemical hazard communication community.
