IDFA is reminding members selling products in California that revisions to the state’s Proposition 65 regulations take effect next Thursday, August 30. In 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) adopted amendments to the “clear and reasonable warning” requirements under Prop 65, making significant changes to how these warnings must be written and shared with consumers.

Prop 65, also called the Safe Drinking Water and Toxic Enforcement Act, requires anyone doing business in the state of California to provide a warning for any product that contains one or more of the chemicals determined by OEHHA to be “known to the state of California” to cause cancer or reproductive harm. These warnings must be made in a clear and reasonable way under the law.

The regulations set to take effect on August 30 provide new language that companies must include in the warnings, such as adding the name of at least one of the listed substances for which the warning is being provided. For warnings provided on the product, however, the name or names of chemicals do not need to be listed. The warning statements also must direct consumers to OEHHA’s Prop 65 website, which contains additional information about listed chemicals.

The final regulation and more detailed information about the warning requirements can be found here.

With the deadline fast approaching, members can expect additional inquiries from customers regarding warning labels. Members with questions may contact Danielle Quist, IDFA senior director of regulatory affairs and counsel, at dquist@idfa.org.