CA Prop 65

Cal EPA Office of Environmental Health Hazard Assessment 9
Proposition 65 Clear and Reasonable Warnings
Questions and Answers for Businesses Revised - August 2017
A “short-form” warning may be provided on a product in accordance with Section
25602(a)(4). This section requires that the entire warning be in a type size no smaller
than the largest type size used for other “consumer information” on the product, and in
any case the warning must not be in a type size smaller than 6-point type. “Consumer
information” is defined in Section 25600.1(c), and includes warnings, directions for use,
ingredient lists, and nutritional information, but does not include the brand name,
product name, company name, location of manufacture, or product advertising.
Chemical Names
Q27: Section 25601(b) requires a safe harbor warning to identify “one or more” of
the chemicals for which the warning is being provided. What if a business
determines that there are five listed chemicals requiring a Proposition 65
warning? Do all five chemicals need to be named in the warning?
If a business chooses to follow the safe harbor methods and content in Section
25601(b), the business must include the name of one or more chemicals for which it is
providing a warning. Additionally, where a business is providing a warning for both
cancer and reproductive toxicity, the warning must include the name of one or more
chemicals for each endpoint.
If, for example, there are five possible chemical exposures from a given product, and all
five chemicals are listed only as carcinogens, then the business would only be required
to name one of those five chemicals in the warning. However, the business may
identify any or all of the remaining four chemicals if it chooses to do so. If there are
exposures to both carcinogens and reproductive toxicants, a business would be
required to name one of the chemicals that is a carcinogen and one of the chemicals
that is a reproductive toxicant, but the business could choose to identify more chemicals
in the warning. If the warning covers exposure to a chemical that is listed as both a
carcinogen and a reproductive toxicant, the warning would only need to name that one
chemical, however both endpoints would need to be included in the warning. The
business could choose to identify more chemicals covered by the warning.
Q28: Is it acceptable to use chemical acronyms in a warning? As an example, if
a product requires a warning for "diethylhexyl phthalate," is it acceptable to
identify “DEHP” instead of the full chemical name in the warning?
The full chemical name as it appears on the Proposition 65 list needs to be included in
the first mention of the listed chemical in the warning. If the abbreviation is included as
part of the full chemical name in a warning, the abbreviation alone can be used for
subsequent references to the chemical name.
On-Product (“Short-Form”) Warnings
Q29: When can a business use the on-product or short-form label?