Prop. 65 Short Form Warning Change

In January 2021, OEHHA announced a proposal to make changes to use the of the short-form Proposition 65 warnings.  These changes restrict when a manufacturer would be allowed to use the short-form.  Previous use of the short-form warning label had “no limitation on using the short-form warning on larger products”.  The only requirement was that the entire warning text be at least the same size as the largest text for the rest of the consumer information on the product, or at least 6-point in size if the rest of the consumer information text was smaller.

Under the proposal, short-form warnings would only be allowed under the following conditions:

  • The total surface area of the product label available for consumer information is 5 square inches or less, and;
  • The package shape or size cannot accommodate the full-length warning described in section 25603(a).

The shape and size limitation described in section 25603(a) govern the ability to fit the text of the warning on the product and not dimensions of the shape or size of the warning.

OEHHA stated the purpose of the change is to correct widespread overuse use of the short form warning and to provide additional guidance for its use.  The comment period for this proposal is open until March 29, 2021.