Prop 65 Roundup - January 2025

Prop 65 Counsel: What To Know

What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements

On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, announced new amendments to the Proposition 65 “short-form” warning requirements.

California Expands Proposition 65 Listing of BPS as New Warning Requirements Take Effect

California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure to the chemicals exceeds an established safe harbor level in a consumer product.

Newsflash: What the New Proposition 65 Short-Form Warnings Mean for Consumer Products Companies

After three years of various proposals, on December 6, 2024, OEHHA finally announced new amendments to “short-form” warning requirements. These amendments have been long anticipated, as OEHHA’s several prior proposals to modify the short-form warnings were unsuccessful.

Vinyl Acetate Added to the Proposition 65 List for Cancer

Effective January 3, OEHHA has added vinyl acetate to the Proposition 65 list as a carcinogen. This listing was done via the “State’s Qualified Experts” mechanism, based on the Carcinogen Identification Committee’s determination that this chemical was clearly shown to cause cancer.

Overview of the 2024 Meeting of DARTIC

The Developmental and Reproductive Toxicant Identification Committee (DARTIC) voted in favor of listing bisphenol S as a reproductive toxicant (male reproductive endpoint) under Proposition 65 by a vote of 9 to 0. A recording of the full meeting and transcript will be posted online when available.

Proposition 65: Clear and Reasonable Warnings – Safe Harbor Methods and Content

OEHHA has amended Title 27, California Code of Regulations sections 25601, 25602, 25603, and 25607.2, and added new sections 25607.50 through 25607.53.