CA Proposes Second Amendment to Prop 65 Short-Form Warning Regulations

California's Office of Environmental Health Hazard Assessment (OEHHA) issued a second notice of modification to the proposed amendments limiting the availability of short-form warnings under Proposition 65. (See the PackagingLaw.com article, CA Proposes Amendments to Prop 65 Short-Form Warning Regulations, for information on earlier proposed amendments to the regulation.) 

OEHHA is proposing to further modify the regulatory text after taking into account comments the Agency received on the first modifications in December 2021.  The most recent proposed changes include:

• Removing the label size and package shape limitations on the use of the short-form warning, which would allow the use of the short form on product labels of any size, regardless of package size and shape
• Removing the requirement that the font type size must be the same as the largest type size providing consumer information.  The existing provision requiring a minimum of 6-point type size when using short-form warnings is unchanged. 
• Extending the date that the regulation becomes operative to be two years, rather than one year, after the effective date of the amendments, which would allow additional time for businesses to implement changes to the short form warning

Comments on the second set of proposed modifications are due by April 20.

Contact us with questions regarding the Proposed Second Amendment or any California's Proposition 65 matter, email prop65@khlaw.com.