California Proposes Limitations on Use of Prop 65 Short-Form Warning

February 9, 2021 California Proposes Limitations on Use of Prop 65 Short-Form Warning

ISSA members that sell products in California will be significantly impacted by a recent proposal issued by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) that would implement substantial changes to the state’s Proposition 65’s “short-form” warning option. If adopted, the changes will have a substantial adverse impact on the many businesses that use the popular Proposition 65 short-form warning, resulting in significant costs related to the label changes contemplated in the proposal.

OEHHA’s proposed amendments have implications primarily for businesses using Proposition 65’s short-form warnings. The amendments would restrict the use of short-form warnings to “small” products, require companies using the short-form warning to identify at least one listed chemical contained in their products per exposure pathway, and eliminate the use of short-form warnings for internet or catalog purchases, among other changes described below.

ISSA encourages its affected members to oppose the proposed changes to the short-form warning by submitting their comments directly to OEHHA, and also sharing with ISSA information about how this proposal will economically impact their business. 

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