Proposition 65 - Warning Label Options

Question:

What are the options for providing a Proposition 65 warning label when there is limited space?

Answer:

The decision for where and how to provide the warning is solely up-to the company. There are several possible places to provide the information when space does not allow for providing the necessary information on the product itself. There are also shorter versions of the text, but where the product size limitations and the fact that there is a minimum size requirement for the warning symbol, one of the methods noted below could be used rather than actually placing on the product itself.

The warning may be provided by using one or more of the following methods singly or in combination:
(a) A warning that appears on a product's label or other labeling.
(b) Identification of the product at the retail outlet in a manner which provides a warning. Identification may be through shelf labeling, signs, menus, or a combination thereof.
(c) The warnings provided pursuant to subparagraphs (a) and (b) shall be prominently placed upon a product's label or other labeling or displayed at the retail outlet with such conspicuousness, as compared with other words, statements, designs, or devices in the label, labeling or display as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use.
(d) A system of signs, public advertising identifying the system and toll-free information services, or any other system that provides clear and reasonable warnings.

NOTE: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 25249.6 and 25249.11, Health and Safety Code

The minimum text requirements are:

  • Includes the warning symbol (exclamation point in triangle) and text
  • Text (either or both as required):
    • For consumer products that cause exposures to a listed carcinogen, the words, “Cancer - www.P65Warnings.ca.gov.”
    • For consumer products that cause exposures to a listed reproductive toxicant, the words, “Reproductive Harm - www.P65Warnings.ca.gov.”

The text size requirements are:

  • Requirements for type size: Text of the warning must be the same size as other consumer information presented on the package and may not be smaller than 6 point type.
  • Required Warning Symbol: The warning must include a warning symbol that is an equilateral triangle with an exclamation point. The triangle must have a bold outline. If the printing of the label that includes the warning is in color, the triangle must also be yellow. This symbol is followed by the word WARNING in capital letters and bold print the same size as the triangle symbol.

The Counsel for OEHHA confirmed there isn't a product size requirement if manufacturers want to use the shorter text. There is still specific text changes that are required with the shortened text, but they do not have to provide the specific chemicals.

Shortened Text Label Requirements:
(1) The symbol required in subsection (a)(1).
(2) The word “WARNING” in all capital letters, in bold print.
   (A) For consumer products that cause exposures to a listed carcinogen, the words, “Cancer - www.P65Warnings.ca.gov.”
   (B) For consumer products that cause exposures to a listed reproductive toxicant, the words, “Reproductive Harm - www.P65Warnings.ca.gov.”
   (C) For consumer products that cause exposures to both a listed carcinogen and a reproductive toxicant, the words, “Cancer and Reproductive Harm - www.P65Warnings.ca.gov .”

Reference: https://oehha.ca.gov/media/downloads/crnr/art6regtextclean090116.pdf

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