On December 6, 2024, the Office of Environmental Health Hazard Assessment, the lead agency that implements Proposition 65, announced new amendments to the Proposition 65 “short-form” warning requirements.
We previously reported on the new amendments relevant to consumer products here.
Under the new amendments, businesses manufacturing, distributing, or selling food products containing one or more Proposition 65-listed chemicals to California consumers may elect to include a short-form warning or a long-form warning on the packaging of food products.
Under the new amendment, a short-form warning on the packaging of a food product must include:
- The phrase “WARNING,” “CA WARNING,” or “CALIFORNIA WARNING” in capital letters and in bold print.
- Identification of at least one detected chemical with the relevant endpoint (e.g., whether the chemical is a listed carcinogen, reproductive toxin, or both).
- Display of the Proposition 65 food-specific warning website.
Unlike other consumer goods, inclusion of the infamous yellow triangle is optional for food products sold in California. The regulation goes into effect January 1, 2025. However, it does not apply to products manufactured and labeled before January 1, 2028. Accordingly, food product manufacturers, distributors, and sellers will have plenty of time to transition their long-form warning into the short-form format, if desired. The final version of the regulation can be viewed here.
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