California Is Imposing New Labeling Requirements for Proposition 65

California’s Proposition 65 regulation recently made significant changes to its labeling requirements. Businesses selling in the state will need to adapt accordingly.

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California Is Imposing New Labeling Requirements for Proposition 65

Article Highlights:

  • California is updating the labeling requirements for its landmark Proposition 65 environmental regulation.
  • The changes will affect the short-form warning label requirements, and include limitations on the circumstances under which the short-form label may be used, updates to the required language, and stricter formatting guidelines.
  • Due to the new requirements, companies must now investigate their supply chains to identify whether their products or components contain chemicals listed under Proposition 65.

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a landmark regulation aimed at protecting the state's residents from exposure to chemicals known to cause cancer, birth defects, or other reproductive harm. The law requires businesses to provide clear and reasonable warnings to consumers about significant exposures to these chemicals, whether they be in products, workplaces, or the environment. Proposition 65 has played a pivotal role in promoting transparency and empowering consumers to make informed decisions about their health and safety.

California Is Revamping Its Cal Prop 65 Warning Label Obligations

One of the key mechanisms of Proposition 65 is the warning label requirement, which serves as a direct communication tool that alerts individuals to potential chemical exposures. Over the years, the design and content of these labels have undergone periodic updates to ensure clarity and effectiveness. Businesses must carefully navigate these requirements to remain compliant and avoid penalties.

In 2025, new regulatory changes to the short-form warning label requirements were published, introducing stricter standards for the use and presentation of these warnings. These updates are designed to enhance the specificity and accuracy of the warnings, ensuring that consumers receive more detailed information about potential risks. Key changes include limitations on the circumstances under which the short-form label may be used, updates to the required language, and stricter formatting guidelines.

This article provides an overview of these upcoming changes, outlines compliance strategies, and highlights critical steps businesses should take to meet the new requirements.

What Are the Key Changes to California Proposition 65?

In the past, the short-form warning labels allowed a simplified format that included only a generic warning statement, such as "WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov." This format was often used on small packages or products with limited space. However, the new short-form warnings must include at least one chemical name associated with the risk being disclosed. For example, instead of the generic warning, businesses will need to specify a chemical: "WARNING: This product can expose you to [Chemical Name], which is known to the State of California to cause cancer. For more information, visit www.P65Warnings.ca.gov."

Additionally, if a product contains chemicals associated with multiple endpoints, such as cancer and reproductive harm, businesses must disclose both endpoints in the warning. For instance, the label should read as follows: "WARNING: This product can expose you to [Chemical Name], which is known to the State of California to cause cancer and reproductive harm. For more information, visit www.P65Warnings.ca.gov."

The updated regulations also introduce stricter requirements for the format and visibility of the warnings. These include a mandate for minimum font size requirements of at least 6-point type, or no smaller than the largest font used for other consumer information on the product to ensure the text is legible, along with clear contrasting colors to improve readability, such as black text on a white background or yellow text on a dark background. The warnings must be prominently displayed in a location where consumers are likely to notice them before making a purchase decision. Additionally, the regulations emphasize that warnings should not be overshadowed by other text or graphics that might obscure their visibility and clarity. For example, warnings should be placed on the principal display panel or another conspicuous location, and avoid any design elements that could detract from their prominence.

How Much Time Do Manufacturers Have to Comply with the New Cal Prop 65 Rules? 

The new regulations for Proposition 65 short-form warnings will become effective on January 1, 2025. Businesses will have a three-year grace period to transition to the updated requirements, with the period ending on December 31, 2027. During this time, products manufactured before January 1, 2025, may continue to use the old warning labels, provided they meet the previous compliance standards. This allowance ensures that existing inventory can be managed without unnecessary waste or undue financial burden.

To qualify for the grace period, businesses must demonstrate that products were manufactured before the effective date and that the warnings applied were in compliance with the prior regulations. It is crucial for companies to maintain thorough records of manufacturing dates and inventory to substantiate their claims if audited.

Starting on January 1, 2028, full compliance with the new regulations will be mandatory, regardless of the manufacturing date. All products offered for sale in California at that time must display the updated short-form warnings, meeting the revised content, format, and visibility standards. Businesses should prioritize updating their production processes and packaging so that they are thoroughly prepared for the final compliance deadline.

Businesses should prioritize updating their production processes and packaging so that they are thoroughly prepared for the final compliance deadline.

Subtle Changes to Cal Prop Can Have an Outsized Impact on Businesses

The implementation of the updated Proposition 65 warning requirements presents several significant considerations for businesses. Cost implications are among the most immediate concerns, as companies may need to redesign product packaging, update supply chain processes, and invest in compliance resources. These costs can vary depending on the scale of the changes needed, the complexity of product lines, and the volume of inventory requiring updates. Additionally, businesses may face expenses related to legal reviews and staff training to ensure compliance with the new rules.

Supply chain implications are another critical factor. Companies must assess their supply chains to identify whether their products or components contain chemicals listed under Proposition 65 and require updated warnings. This process may involve increased communication with suppliers and the potential need for testing to verify chemical content for uncooperative suppliers. Delays in supply chain coordination could affect production schedules and market availability, making proactive planning essential.

Companies must assess their supply chains to identify whether their products or components contain chemicals listed under Proposition 65 and require updated warnings.

To navigate these changes effectively, businesses should implement a robust compliance strategy. This includes conducting internal audits to review current labeling practices, maintaining detailed records of manufacturing dates and inventory, and working to achieve alignment with the updated regulations. Partnering with legal and regulatory experts can also help to mitigate risks and address potential compliance challenges. By integrating these strategies, businesses can minimize disruptions and position themselves for long-term success under the revised Proposition 65 framework.

Potential Challenges in Achieving Proposition 65 Compliance 

Businesses face several challenges in implementing the updated Proposition 65 warning requirements. One of the most significant hurdles is the accurate identification of chemicals in products, which requires detailed documentation from suppliers and, possibly, chemical testing. To address this, businesses should establish strong partnerships with suppliers and invest in reliable compliance management policies and tools to ensure the accuracy of disclosures.

Label space constraints are another frequent issue, particularly for small packages. The new requirements demand more detailed warnings, which can be difficult to accommodate on limited packaging space. Businesses can overcome this by adopting creative design solutions, such as fold-out labels or QR codes that link to detailed warning information online.

For products containing multiple chemicals, businesses must account for all relevant endpoints, such as cancer and reproductive harm. These expanded obligations add complexity to labeling, but can also be managed through comprehensive risk assessments and clear communication of the most significant risks to consumers.

Online sales present unique challenges, too, as warnings must be visible to consumers before they follow through with a purchase. This requires careful integration of warnings into e-commerce platforms, ensuring that the information is displayed prominently on product pages. Businesses should collaborate with their digital teams to ensure compliance in online marketplaces.

Online sales present unique challenges, too, as warnings must be visible to consumers before they follow through with a purchase.

Finally, ensuring compliance with international markets can be challenging, as the updated Proposition 65 requirements may conflict with labeling standards in other jurisdictions. Companies should work closely with legal experts to navigate these complexities and consider creating region-specific packaging to address differing regulatory requirements. By proactively addressing these challenges, businesses can streamline their compliance efforts and mitigate potential risks associated with the updated Proposition 65 framework.

Even Minor Regulatory Changes Can’t Be Overlooked 

The upcoming changes to California Proposition 65's short-form warning requirements represent a significant shift for businesses, emphasizing greater specificity, transparency, and consumer protection. While these changes pose challenges, including increased costs, supply chain adjustments, and compliance complexities, they also offer opportunities for businesses to build greater consumer trust and enhance product accountability. 

By understanding the new requirements, proactively addressing challenges, and implementing effective compliance strategies, companies can successfully navigate this regulatory transition. Early planning and collaboration with relevant experts will be critical to ensuring compliance and avoiding disruptions. Adopting an informed, proactive approach will not only help businesses meet legal obligations but also strengthen their commitment to consumer safety and regulatory excellence.

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