Do I need to name more than one substance on a revised Proposition 65 short-form warning label?

No, the new short-form warning label only requires you to name one specific chemical and its associated health risk. If your product contains multiple listed substances, you should work with your compliance and legal teams to determine which one to include on the label. It’s important that the named chemical and its health risk match what’s in the OEHHA list.

Are internet retailers (e-commerce) in scope of the new warning label requirements?

Yes, internet retailers selling into the state of California are in scope of this ruling. Like brick and mortar manufacturers, they have a three-year grace period to start using the revised short-form warning format.

Will U.S. federal regulations affect this new ruling?

Proposition 65 is a strong example of how U.S. states are leading the charge in setting their own product compliance standards. Because the California Safe Drinking Water and Toxic Enforcement Act is enacted and enforced at the California state level, factors at the federal level (such as EPA staffing or budgets) do not affect or delay the revised warning label ruling.

Can I purchase generic revised short-form warning labels?

Because the new rules are designed to increase transparency for consumers, companies can no longer use a single “generic” label. Supply chain due diligence is necessary. To comply, you will first need to engage suppliers and identify at least one substance in your product(s) to understand what information to provide on a label.

Is there a product testing requirement for Proposition 65 warning labels?

No. Collecting information from your suppliers about the chemicals in their products is considered adequate due diligence to create a compliant short-form label.

Which listed substances are at higher risk for enforcement under Proposition 65?

While all listed substances can create enforcement risk if not properly disclosed according to labeling requirements, there are a number of substances considered at a higher risk:Phthalate(s)LeadCadmiumHexavalent chromiumNickelAcrylamidePer- and polyfluoroalkyl substances (PFAS), including PFOA and PFOSBisphenol-A (BPA)BenzeneCarbon monoxideTitanium dioxideMercuryMethylene chloride