ISSA Members Take Note: Recent modifications to California’s Proposition 65 (Prop 65) short-form warning requirements may impact your cleaning product labeling.

What is Prop 65?

Prop 65, also known as the California Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to warn customers about potential exposure to chemicals known to cause cancer or reproductive harm.

What are the Changes?

The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted changes to the previously established “short-form” warning option for Prop 65 compliance. Key changes include:

• Chemical Name Required:  The short-form warning has been revised to require the identification of at least one chemical name for each applicable endpoint (i.e., cancer, reproductive toxicity).
• Label and Font Size: The short-form warning can be used on any label size, provided the text is at least 6-point font and is “conspicuous” as defined in the regulations.
• Transition Period.  The revised short-form warning requirements provide businesses that currently rely on the existing short-form warnings for three years (until January 1, 2028) to transition to the new short-form content.
• Sell Through Period.  In addition, any products that were labeled with the “old” short-form warning language as the regulations allowed before this transition period expires (January 1, 2028) may continue to be sold indefinitely without the need for relabeling. This unlimited sell-through allowance period is intended to minimize disruption to existing inventory.

What Does This Mean for You?

If you sell cleaning products in California, you should carefully review your current labeling to ensure compliance. Consider the following:

• Product Identification: Identify products previously labeled with the short-form warning.
• Label Updates: Revise those labels to incorporate the new short-form warning requirements or transition to the “long-form” warning.
• Resource Consultation: Refer to the OEHHA website (https://oehha.ca.gov/) for detailed guidance.
• Professional Counsel: For specific compliance questions, consult a legal professional specializing in product labeling.

ISSA’s Perspective:

ISSA, the Worldwide Cleaning Industry Association, actively engaged in the rulemaking process for these changes. While we acknowledge the goal of providing clear consumer information, ISSA submitted comments on the original proposal, raising concerns about potential impacts on businesses and the effectiveness of the revised warnings. These comments can be accessed here: ISSA Comments on Short-Form Warning

Staying Informed:

ISSA is committed to keeping members informed about relevant regulatory developments. Visit the ISSA website (https://www.issa.com/) for ongoing updates and resources related to Prop 65 and other regulatory matters.