Major Changes to California Proposition 65 Warnings Start in 2025

California's Proposition 65 (Prop 65) law, which requires warnings for products that could expose consumers to chemicals known to cause cancer, birth defects, or reproductive harm, has undergone significant updates that took effect on January 1, 2025. Here’s a summary of the key changes:

1. New "Short-Form" Warning Requirement

The once “short-form” warning is no longer as brief as it was. It will now require more detailed information, such as identifying the specific chemicals responsible for the risks, for each endpoint (cancer or reproductive harm). This change has been made to address concerns that the old short-form was too vague and lacked transparency. The new short-form options include:

• For cancer risk:

o "WARNING: Cancer risk from exposure to [name of chemical]. See www.P65Warnings.ca.gov."

OR

o "WARNING: Can expose you to [name of chemical], a carcinogen. See www.P65Warnings.ca.gov."

• For reproductive harm:

o "WARNING: Risk of reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov."

OR

o "WARNING: Can expose you to [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov."

• For both cancer and reproductive harm:

o "WARNING: Risk of cancer from exposure to [name of chemical] and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov."

OR

o "WARNING: Can expose you to [name of chemical], a carcinogen, and [name of chemical], a reproductive toxicant. See www.P65Warnings.ca.gov."

“short-form” warning must be printed in at least 6-point font and be conspicuous on the product label to ensure it is easily seen and understood by consumers.

2. Internet Sales Warning Updates

For online sales, Prop 65 warning requirements have been streamlined. Now, a warning must be displayed prior to the purchase (rather than on the product itself). The options for online warnings are:

• Display the warning directly on the product display page.
• Provide a hyperlink to the full warning using terms like “WARNING” or “CALIFORNIA WARNING”.
• Display a pop-up or other prominent warning before the transaction is completed.

Importantly, separate product labeling is not required for online sales, as long as the warning is provided on the website before the consumer completes the purchase.

3. Transition Period for Compliance

Businesses have a three-year grace period (until January 1, 2028) to comply with these new warning requirements. Products manufactured and labeled before that date using the old short-form warnings can continue to be sold without relabeling, thanks to a “sell-through” provision. This means businesses can clear out existing stock that may still have the old labels without needing to make changes immediately.

4. New Provisions for Food and Vehicle Parts

The updated regulations also introduce specific new provisions for food products and motor vehicle and recreational marine vessel parts.

These changes reflect ongoing efforts to make Prop 65 warnings more comprehensive and applicable to a wider range of consumer goods.

What Businesses Need to Know?

While businesses have some time to adjust to the changes, it’s important for them to start planning now for relabeling and updating their warnings, especially if they sell online or in California. The changes to the short-form warning and internet sales provisions mark significant shifts in how companies will need to comply with Prop 65.