California Proposition 65 Updates: What Consumer Product Manufacturers and Retailers Need to Know
On December 6, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) announced important changes to Proposition 65 Warning Regulations. These updates aim to enhance the transparency of product warnings, ensuring that consumers are better informed about potential chemical hazards in the products they purchase. As a manufacturer or retailer, understanding these changes is crucial for compliance and for establishing trust with your customers.
What Are the Key Changes?
The revised warning regulations have specifically updated several sections of Title 27 of the California Code of Regulations. Here’s a simple breakdown of what’s new:
Internet Purchases (§ 25602):
Previously, online products needed warnings both on the website and the product itself. Under the new rules, the warning must be displayed directly on the product display page. This can either be via a warning message or a clearly marked link using the words “WARNING,” “CA WARNING,” or “CALIFORNIA WARNING.”
Short-Form Warning (§ 25603):
The old requirement that the short-form warning be the same size as other text has been removed. Now, the minimum allowable font size is 6-point, but it must still be easy to see.
The structure of the warning varies based on the content. Businesses will need to include specific language that informs consumers of the risks associated with certain chemicals, including the name of the chemical and a link to www.P65Warnings.ca.gov.
New Regulations for Vehicle and Marine Parts:
Additional tailored safe harbor warnings for parts of vehicles and recreational marine vessels have been introduced, guiding manufacturers on how to label parts safely (refer to § 25607.50, 25607.51, 25607.52, 25607.53).
What Do These Changes Mean for You?
The new regulations will take effect on January 1, 2025, and brands using existing short-form warnings will have a three-year transition period to switch to the new requirements. For products listed online, there is a 60-day grace period to update warnings once manufacturers receive the revised content. It’s important to note that while products already labeled with old warnings can continue being sold during this transition, keeping your product information up-to-date is ideal for ensuring consumer trust and maintaining compliance.
California’s Proposition 65 is designed to protect consumers from exposure to chemicals known to cause cancer, birth defects, or other reproductive harm. These changes are part of a larger effort to encourage safer product development while educating consumers about the risks they may encounter. By complying with these updated regulations, manufacturers and retailers not only avoid potential fines but also strengthen their brand credibility in the eyes of consumers who are increasingly demanding transparency.
Make the Transition Smooth
In light of these changes, now is the perfect time for manufacturers and retailers to evaluate their labeling practices. If your products may contain any chemicals listed under Proposition 65, ensure you are prepared to meet these new requirements. Keeping your customers informed helps foster trust and demonstrates your commitment to their safety and wellbeing.
If you’re looking for guidance on compliance and product safety, QIMA offers a range of services to assist you, from chemical testing to certification, ensuring your products meet your market's regulations.
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