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 sources of drinking water 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 includes:

• 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 in addition to 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.

The proposed amendments to Proposition 65 Short Form Warning Label

Amendments to title 27 CCR § 25601, 25602, 25603, 25607.2 and new sections 25607.50, 25607.51, 25607.52, and 25607.53 -
CLEAR AND REASONABLE WARNINGS, SAFE HARBOR METHODS AND CONTENT.

The proposed amendments to Proposition 65 aim to make warnings about chemical exposures on consumer products clearer and more effective. Currently, there's a simpler short-form warning for small packages. However, this doesn't mention the specific chemical involved. This has led to companies using it too often, just to avoid lawsuits, rather than informing consumers about actual risks. The proposal aims to fix this by requiring the short-form warning to identify the specific chemical. This will give consumers clearer information to make informed choices. It will also make things clearer for businesses overall.

Additionally, the amendments would provide clearer guidelines for businesses, especially for online and catalog sales. Furthermore, new warning methods would be introduced for vehicle parts and marine vessel parts to ensure that consumers are adequately warned about any chemical risks associated with these products. Overall, the goal is to enhance consumer safety and awareness regarding chemical exposures in products sold in California.