The Office of Environmental Health Hazard Assessment has recently unveiled amendments to the Proposition 65 "short-form" warning requirements. Effective January 1, 2025, businesses dealing with food products containing chemicals listed under Proposition 65 can opt for either short-form or long-form warnings on packaging. These changes provide flexibility while ensuring consumer awareness and safety. The regulation does not affect products manufactured before January 1, 2028, allowing companies ample time to adapt.

Key elements of the short-form warning include a bold capital letter warning phrase, identification of at least one detected chemical along with its health impact, and a reference to the Proposition 65 food-specific warning website. Unlike other consumer goods, the inclusion of the yellow triangle symbol remains optional for food products sold in California.

Understanding the New Short-Form Warning Requirements

The updated regulations introduce significant changes to how businesses communicate potential risks associated with food products. Companies now have the choice between using a short-form or long-form warning on their packaging. This decision aims to balance informative transparency with practical simplicity. The new format ensures that consumers are promptly alerted to any chemicals present in food items without overwhelming them with excessive information.

To comply with these regulations, businesses must incorporate several key components into their short-form warnings. Firstly, the warning must prominently display “WARNING,” “CA WARNING,” or “CALIFORNIA WARNING” in bold capital letters. Secondly, it should specify at least one detected chemical and its relevant health endpoint, such as being a carcinogen or reproductive toxin. Lastly, the warning must direct consumers to the Proposition 65 food-specific warning website for further details. These requirements ensure that consumers receive clear and concise information about potential health risks associated with the products they purchase.

Implementation Timeline and Flexibility for Businesses

The implementation timeline provides a reasonable transition period for manufacturers, distributors, and sellers of food products. The new regulation will take effect on January 1, 2025, but it will not apply retroactively to products manufactured and labeled before January 1, 2028. This extended timeframe allows businesses to gradually integrate the new warning formats into their production processes without causing disruption.

Additionally, the regulation offers flexibility by making the inclusion of the yellow triangle symbol optional for food products sold in California. This contrasts with other consumer goods where the symbol is mandatory. The optional nature of this symbol reflects the unique characteristics of food products and the need to maintain clarity and simplicity in product labeling. By providing this option, regulators aim to strike a balance between informing consumers and avoiding unnecessary visual clutter on packaging. This approach supports a smoother transition for businesses and enhances consumer understanding of the new warning requirements.