The California Office of Environmental Health Hazard Assessment (OEHHA) which administers CA Proposition 65 is proposing amendments to the safe harbor warning.  Specifically, OEHHA is considering changes to the “short form” warning label including updated warnings for food exposures.  Since 2016, OEHHA has permitted a short form warning for products that are in small containers and have small labels. Initially, OEHHA did not publish any restrictions for this and has now concluded that many businesses are using the short form when their product containers do have space for larger labels and more information.  Part of the new proposal is changes to the Consumer Product Exposure Warnings which include a requirement for the specific name of a listed chemical for both reproductive toxicity and/or carcinogens in the short form warning.

OEHHA determined that for businesses to obtain safe harbor protection, consumer warnings must include the name of at least one listed chemical.  Changes are proposed to Title 27 of the California Code of Regulations.  There are also concerns about over warning, because sometimes short form warnings are placed on products for which a business has no knowledge of consumer exposure to listed chemicals.  CA Prop 65 is meant to communicate meaningful information about chemical exposures to consumers, so over warning is a concern.  The changes proposed by OEHHA would also discourage unnecessary warnings.  If enacted, the changes will have a one-year phase in period.

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Posted on 20 January 2021