The California’s Proposition 65 got an update, tightening warning label rules and chemical disclosures. With new short-form requirements and a three-year transition period, businesses must adapt to stay compliant. This guide breaks down what’s changing, who’s affected, and how to navigate the updates with ease.
If you're a product, packaging, or compliance professional, chances are you've encountered California's Proposition 65 (Prop 65) at some point. This regulation, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, aims to protect Californians from chemicals known to cause cancer, birth defects, or other reproductive harm. With over 900 chemicals listed, staying compliant can feel like navigating a labyrinth. But fear not! We're here to break down the latest updates and provide practical steps to ensure your organization remains on the right side of the law.
Understanding Proposition 65
Before diving into the recent changes, let's recap what Prop 65 entails. Enacted in 1986, this California law requires businesses to provide "clear and reasonable" warnings before exposing individuals to listed chemicals. These chemicals can be found in products, homes, workplaces, or released into the environment. The goal? Empower consumers to make informed decisions about their exposures.
Prop 65 isn’t just about labels — it’s about keeping up with ever-changing rules. Stay ahead or get left behind.
What's New in Proposition 65?
As of January 1, 2025, several significant updates have been implemented:
- Enhanced Short-Form Warnings: Previously, short-form warnings were a concise way to inform consumers about potential exposures without specifying chemical names. The new regulations mandate that these warnings now include at least one chemical name for each applicable risk (cancer and/or reproductive harm). This change aims to provide consumers with more specific information about potential risks associated with a product.
- Three-Year Transition Period: Recognizing the challenges businesses might face in updating their labels, a three-year transition period has been established. This means that while the new requirements are effective from January 1, 2025, businesses have until January 1, 2028, to fully comply. Products manufactured and labeled before this date can continue to be sold without relabeling, offering a buffer for companies to adapt.
- Inclusion of Food Products: Short-form warnings, previously not applicable to food items, can now be used for food products. This provides food manufacturers with more flexibility in how they communicate potential exposures to consumers.
- Tailored Warnings for Specific Industries: New tailored warnings have been introduced for sectors like automotive and recreational boat parts, ensuring that warnings are more relevant and informative for specific product categories.
Who Is Affected?
Prop 65 applies to any business with 10 or more employees operating in California. This includes manufacturers, distributors, and retailers. If your product contains any of the listed chemicals and there's a potential for consumer exposure, you're required to provide a warning. It's essential to note that Prop 65 doesn't just apply to products sold in physical stores; online and catalog sales are also under its purview. So, no matter what role you play in bringing the products to consumers, you are impacted by it.
Practical Steps to Achieve Compliance
Achieving compliance might seem daunting, but with a structured approach, it becomes manageable. Here's a step-by-step guide:
- Identify Listed Chemicals in Your Products:
Conduct a Chemical Inventory: Review all raw materials and components used in your products to identify any listed chemicals.
Consult the Latest Prop 65 List: The list is updated regularly, so ensure you're referencing the most current version. - Assess Exposure Levels:
Determine Exposure Scenarios: Evaluate how consumers might be exposed to the chemicals in your product.
Compare Against Safe Harbor Levels: If the exposure level is below the established safe harbor level, a warning may not be necessary. - Develop Clear and Reasonable Warnings:
Choose Between Short-Form and Long-Form Warnings: Decide which warning format is appropriate based on your product and the chemicals present.
Ensure Proper Label Placement: Warnings should be conspicuous and likely to be seen by consumers before purchase. Word to the wise, the “before” is an extremely important aspect of the warning! - Review and Update Online and Catalog Listings:
Display Warnings Prominently: Ensure that warnings are clearly visible on product pages or within catalogs.
Use Hyperlinks Appropriately: For online sales, warnings can be provided via a hyperlink labeled "WARNING" or "CA WARNING." - Maintain Thorough Documentation:
Keep Records of Assessments and Decisions: Document your compliance processes, including chemical inventories, exposure assessments, and labeling decisions.
Stay Updated: Regularly review updates to the Prop 65 list and adjust your compliance strategies accordingly. - Engage with Legal and Compliance Experts:
Consult Professionals: Engage with experts familiar with Prop 65 to ensure your compliance program is robust and up-to-date.
A Real-World Example?
Consider a company that manufactures electronic devices. Upon reviewing their products, they discover that certain components contain lead, a chemical listed under Prop 65. They assess the potential exposure levels and determine that consumers could be exposed to lead above the safe harbor level. To comply, they decide to use the short-form warning on their packaging, which now must include the specific chemical name:
"WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov."
They also update their online product listings to include this warning, ensuring that consumers are informed before making a purchase.
Final Thoughts
While Proposition 65 compliance may seem like a formidable challenge, understanding the requirements and implementing a structured approach can simplify the process. By staying informed about the latest updates, assessing your products thoroughly, and providing clear warnings when necessary, you can protect your organization from noncompliance and unnecessary risk.
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