A second proposed amendment to Proposition 65

Proposition 65 is a Californian Law that requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.

There has been a second proposed amendment to Proposition 65 short-form warning

The proposed changes included:

  • Striking package shape and size limitations to allow use of the short form on product labels of any size –regardless of package size and shape.
  • Removing the requirement that font type size be the same as the largest type size providing consumer information. The existing rule that requires a minimum of 6-point type size for short-form warnings would remain in effect.
  • Extending the originally proposed effective compliance deadline date for the new short-form warning requirements from one to two years.

Our friends and partners at NAMM are a member of a coalition comprised of the California Chamber of Commerce, the Consumer Brands Association and more than 40 other organisations.

As part of this coalition, NAMM have submitted a letter to California’s Office of Environmental Health Hazard Assessment (OEHHA). They’ve raised concerns regarding the timing of this proposed regulation in the midst of the pandemic and continued supply chain issues. As such, they’ve requested that the proposed rulemaking be withdrawn.

NAMM are recommending that businesses review, and take an inventory of, product labels that currently use the short form. Businesses will need to know what chemicals are in the products, which will entail identification of at least one chemical covered by Prop 65 for inclusion on the short-form warning.

All info is here: https://www.namm.org/issues-and-advocacy/regulatory-compliance/namm-coalition-issues-response-prop-65-short-form

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