CA Proposes Amendments to Prop 65 Short-Form Warning Regulations

On December 13, 2021, California's Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of modification to the proposed amendments limiting the availability of short-form warnings under Proposition 65.  The originally proposed amendments were issued on January 8, 2021, with the intention of limiting the options for providing a shortened version of the Proposition 65 warning on consumer and other products. (A PackagingLaw.com article on the proposed amendments can be found here.)

The most recent proposed changes include:

• Allowing the short-form warning on products with 12 square inches or less of “label space” rather than 5 square inches or less;
• Eliminating the original proposal to prohibit the use the short-form warning for internet and catalog sales; and  
• Allowing the use of “CA WARNING” or “CALIFORNIA WARNING” in addition to “WARNING.”

The recently proposed modifications are in response to feedback from stakeholders.  Comments are due by January 14, 2022.