On April 5, 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice to launch a second 15-day review of the proposed revision of the Proposition 65 Short Warning Label Notice published on December 17, 2021, starting from April 5, 2022. This notice initiates a public comment period beginning April 5, 2022, that will close on April 20, 2022. All written comments must be submitted to OEHHA by April 20, 2022, either electronically, by mail, or delivered in person.

The proposed revision is mainly based on the relevant comments received during the last proposed revision review. Compared with the last proposed revision, the proposed revision is updated as follows:

1. The label size and package shape limitations on the use of the short-form warning were removed. This modification means that the short form can be used on product labels of any size, regardless of package size and shape.
2. The requirement in Section 25602(a)(4) that the font type size must be the same as the largest type size providing consumer information was removed. The proposed amendments were modified to reference the Section 25601(c) to make clear the existing requirement “to render the warning likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use”.
3.  For minor adjustments to the wording of the warning content, see the red part of the content to be revised below.
4. Extend the proposed date of entry into force from one year to two years.

Some examples of the content of the on-product warning label in Proposition 65 are as follows:

For consumer products, some examples of the content of the proposed revised Short-Form warning label are as follows:

Background

Proposition 65, more formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Effective Date: November 1986.

Requirement: (1): Prohibition On Contaminating Drinking Water With Chemicals Known to Cause Cancer or Reproductive Toxicity. (2) A business is required to warn a person before "knowingly and intentionally" exposing that person to a listed chemical.

Substances: The Prop 65 List was first published in 1987 and is updated at least once a year. To date, nearly a thousand substances have been included in this list. No, the prop 65 does not set limits for the listed substances in a certain type of product. Since the substance concentration is not the only factor that determines whether the exposure risk will occur, the limit is not sufficient to determine whether a warning is required.

Enterprise Response: Enterprises should focus on the substances involved and newly added substances in past judgments and settlement cases. The main substances involved in electrical and electronic products include lead, cadmium, phthalates, and bisphenol During 2021, the Proposition 65 List updated frequently. It was updated 4 times in March and December 2021, including 8 substances. The new substances are the substances that relevant law enforcement officials focus on, and the follow-up will also be a high risk of litigation. The 8 substances have a wide range of uses and involve many products, so they have a significant impact on related products exported to the United States.

CTI Services

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