On October 27, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) (again) published a proposed amendment to revise the existing regulations for short-form warnings under California Proposition 65 (CalProp65).
In the future, the short-form warnings would also have to include the name of at least one chemical listed in CalProp65 per endpoint (carcinogenic or toxic to reproduction). Companies could only include the warning if they know which chemical users may be exposed to. This measure is intended to prevent companies from using too many short-form warnings (so-called over-warning). In addition, the headline "California Warning" or "CA Warning" will also be possible in future and the short form of the warning will be included as an option for food products.
The OEHHA had already submitted corresponding proposed amendments to the requirements for short-form warnings in 2021. However, these were blocked by the deadline for the rulemaking. This was due in no small part to strong opposition from the industry.
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Author
Fully qualified lawyer Inken Green
Product & Material Compliance Expert
