California Proposition 65 (CA Prop 65), also known as the Safe Drinking Water and Toxic Enforcement Act, was enacted in 1986. This proposition requires businesses to provide warning labels on products that contain chemicals known to cause cancer, birth defects, or other reproductive harm.

Proposition 65's main objective is to safeguard California's drinking water sources from contamination. Businesses must report any releases of the chemicals listed in the proposition into drinking water sources and take action to stop or minimize the releases of these chemicals.

The requirement that warning labels be placed on products is another significant aspect of Proposition 65. Any product that includes a chemical known to cause cancer, birth defects, or other reproductive harm must prominently display these labels. This helps consumers make informed decisions about the products they purchase and use.

What do Proposition 65 warning labels look like?

Proposition 65 warning labels are required to be prominently displayed on any product that contains a chemical known to cause cancer, birth defects, or other reproductive harm. CA Prop 65 warning label size requirements include:

• Characters and letters must be displayed in at least 6-point type. The greatest font size used in other consumer products cannot be any smaller than this one.
• The word "WARNING" must be prominently displayed and boldly printed in capital letters, along with a black exclamation point surrounded by a yellow triangle.
• A listed chemical's entire name must appear in the warning at least once.

Example of proposition 65 warning label:

Short Form Prop 65 Warning Label Requirements

• If a warning is required, it is acceptable to use a short-form warning that omits the name of the identified chemical (the triangle and "WARNING" are still required, though).
• The type size for an on-product "short form" warning must be at least 6 points and cannot be less than the largest font size used for other consumer product information attached to the product. Any size of product may have a brief warning label.

Example of short form proposition 65 warning label:

Consumer goods sold online must meet the requirements outlined above and include a short-form or full warning on the product or label, as well as a warning to the consumer on the website before the consumer completes the purchase.

When Must a Business Provide a Prop 65 Warning in a Language Other Than English?

When a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning must also be provided in that language and English. Facilities that offer signs in languages other than English must also offer any necessary warnings in other languages.

What are the consequences of not providing Proposition 65 warning labels?

Legal action may be taken against companies that fail to put warning labels on goods that contain substances known to cause cancer, birth defects, or other reproductive harm. Businesses that do not adhere to the proposition's requirements may be sued by customers under Proposition 65. Additionally, failure to provide warning labels by businesses may result in penalties and fines. Proposition 65 can be enforced by the California Attorney General's Office, which has the power to fine violators up to $2,500 per day.

New Proposition 65 Labeling Requirements: What’s Changing?

Under California’s Proposition 65, manufacturers must provide clear warnings to consumers and workers if their products contain chemicals listed by the Office of Environmental Health Hazard Assessment (OEHHA) as carcinogens or reproductive toxicants. The OEHHA updates this list annually, which currently includes over 1,000 chemicals.

Traditionally, manufacturers have often opted for generic short-form warning labels with the statement “cancer and reproductive harm.” However, this widespread use of vague warnings has diluted their effectiveness, as highlighted by OEHHA in its Initial Statement of Reasons: “Over-use dilutes the impact of legitimate warnings… and undermines Proposition 65’s goal of providing relevant hazard information.”

The New Labeling Requirements

To address this, a new ruling mandates that short-form warning labels must specify the chemical responsible for the warning and the associated risk of cancer or reproductive harm. This aligns the short-form warning requirements with those of long-form warnings.

For example, updated labels might read:

• “Cancer risk from exposure to [specific chemical]”
• “Can expose you to [specific chemical], a carcinogen.”

The update also introduces optional signal words for food warnings and provides tailored safe harbor warnings for specific categories, such as motor vehicle parts and recreational marine vessel components.

Implications for Manufacturers

For manufacturers using short-form warnings, this change represents a significant shift. The days of simply purchasing generic labels without verifying supply chain data are over. Moving forward, companies must identify the specific substances in their products and confirm whether they appear on the OEHHA list. Verified supply chain data will be essential for compliance.

Compliance Deadlines

The new labeling requirements will take effect on January 1, 2025, with a three-year transition period. By January 1, 2028, any product manufactured and labeled must comply with the updated rules. Products labeled before this date under the old short-form requirements can remain in the market without modification.

Given the complexity of sourcing supply chain data, redesigning labels, and updating manufacturing processes, businesses are encouraged to start preparations early. Transitioning to the new requirements could take a year or longer, making 2025 a critical time to begin the switchover to ensure compliance by the 2028 deadline.

What are the Next Steps for Proposition 65 Compliance

To align with the revised short-form warning requirements, manufacturers need to address the following:

• Identify substances in your products
• Understand the composition of parts used in your products
• Determine if any substances are listed by OEHHA as carcinogens or reproductive toxicants

Without a robust supply chain management program, gaining visibility into this data can be a challenge. Manually gathering information—through emails, phone calls, and spreadsheets—is not only time-consuming but also costly and prone to errors.

Adopting a platform-based approach can streamline this process. A solution like Acquis compliance software automates Proposition 65 surveys, analyzes supplier data, and flags substances listed by OEHHA. Our platform is continuously updated to reflect regulatory changes, ensuring you stay compliant with the latest requirements, including updates to the OEHHA substance list.

Once you’ve collected the necessary data, you can confidently determine which specific chemicals and associated risks to disclose on your product labels.

Looking for more insights on navigating the new rule? Check out Our California Proposition 65 eBook: The Complete Guide to California Proposition 65. This comprehensive guide includes the latest updates and expert advice to help you meet compliance requirements effectively.

👉 Download your copy today!