California’s Proposition 65 – Formally Known As The California Safe Drinking Water And Toxic Enforcement Act

Proposition 65 has been around since 1986, and it is still critically important when it comes to warning labels for products sold in California. The original intent of this law was to call attention to substances that could potentially cause birth defects, cancer, or reproductive issues. As this California law is meant to protect its citizens, it requires a high level of precaution from companies under its jurisdiction.

Any product that contains a substance on the list of potentially harmful chemicals must carry a warning label if it will be sold in the state of California and exposure exceeds established safe harbor levels. Proposition 65 requires that businesses with 10 or more employees provide a “clear and reasonable” warning before knowingly exposing consumers to a listed chemical. While businesses aren’t strictly required to use the state’s exact wording, only the “safe harbor” language published by the Office of Environmental Health Hazard Assessment (OEHHA) is presumed compliant — so in practice, nearly all companies follow it closely.

Today, the list has grown to more than 900 chemicals, and it continues to expand, with OEHHA adding new substances every year. The list includes everything from industrial solvents and pesticides to chemicals found in common household products.

Proposition 65’s warning requirements have been significantly updated twice since the law’s original passage. In 2016, OEHHA adopted amendments to the warning regulations that took effect on August 30, 2018. More recently, in December 2024, OEHHA adopted another round of amendments that took effect on January 1, 2025, with full compliance required for products manufactured on or after January 1, 2028. If your organization sells goods in California, it’s important that you understand both sets of regulations, or you could face steep fines and penalties — up to $2,500 per violation per day, plus exposure to private enforcement lawsuits.

The 2018 Requirements for California Prop 65 Warning Labels

The original Proposition 65 regulations found a generic warning with limited details to be sufficient. The 2016 amendments, effective August 30, 2018, established a more detailed and explicit safe harbor warning format.

Where the original requirements did not demand specific verbiage, the update mandated “can expose you to” instead of “contains.” The full-length (long-form) warning must call out at least one of the listed chemicals by name. To help educate consumers so they can better understand any risks associated with these products, the label must include a link to the OEHHA Proposition 65 website, www.P65Warnings.ca.gov, where consumers can find more information about the potential health effects mentioned on the label.

To bring more attention to the importance of the warning, the regulations added a requirement for a warning symbol — a black exclamation point inside a yellow equilateral triangle — that calls visual attention to any danger. The improved disclosure requirements also extend to website warnings for products sold and purchased online, and warnings may need to be provided in additional languages in certain cases.

The 2018 changes also made clear that primary responsibility for providing warning materials lies with manufacturers, producers, packagers, importers, suppliers, and distributors — rather than retailers.

The Newest Requirements: What Changed in 2025

On December 6, 2024, California’s Office of Administrative Law approved a new set of OEHHA amendments to the Proposition 65 warning regulations. These changes took effect on January 1, 2025, and businesses have a three-year transition period — until January 1, 2028 — to comply. The most significant changes affect the popular “short-form” warning:

Short-form warnings must now name a chemical. Previously, companies could use a generic short-form warning (for example, “WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov“) without identifying any specific substance. Under the new rules, short-form warnings must identify at least one listed chemical for each applicable health endpoint — cancer, reproductive harm, or both. For example: “Risk of cancer and reproductive harm from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”

New signal word options. In addition to “WARNING,” businesses may now begin the warning with “CA WARNING” or “CALIFORNIA WARNING” to clarify that the warning is a California-specific requirement.

Font and label flexibility. The short-form warning can be used on any label size, provided the text is at least 6-point type and remains conspicuous. Short-form warnings may now also be used on food products — though food warnings omit the triangle symbol and direct consumers to www.P65Warnings.ca.gov/food.

Clarified internet and catalog warning rules. For online sales, a warning must appear on the product display page, or via a clearly marked hyperlink using the word “WARNING” (or “CA WARNING” / “CALIFORNIA WARNING”) that links to the full warning. Internet retailers also receive a 60-day grace period to update online warnings after receiving notice from a manufacturer.

New tailored warnings for vehicle and marine parts. The amendments introduce specific safe harbor warning options for exposures that occur during the purchase, handling, or installation of passenger or off-highway motor vehicle parts and recreational marine vessel parts, including point-of-sale signage options.

Important transition details. Products manufactured and labeled with the old short-form warning before January 1, 2028 may continue to be sold indefinitely without relabeling. But any product manufactured or labeled on or after that date must carry the new warning format to qualify for safe harbor protection. Companies with long production cycles or large pre-labeled inventories should plan their transition now and keep meticulous records of manufacturing and labeling dates.

What These Requirements Mean for Us

The goal of these updates is to make warnings more meaningful for consumers and to make clear that the responsibility for proper labeling lies with the manufacturer. It is the manufacturer’s required duty to ensure that products are clearly labeled in a way that alerts buyers to the chemical contents and their risks. Because Proposition 65 is enforced not only by the state but also by private plaintiffs — who have made an industry of identifying non-compliant labels — those who ignore these labeling laws can find themselves in significant legal and financial trouble.

The chemical-naming requirement in particular means manufacturers need verified substance data for every product that carries a warning. Companies that have relied on blanket generic warnings across entire product lines will need to differentiate their labels based on actual product content — which may require supply chain investigation or product testing.

An Industry Leader and Proven Partner

Tailored Label Products is well versed in the updates to Proposition 65 and, true to our long-upheld, rigorous quality standards, our customers can rest assured that our labels are 100% compliant with the current requirements.

While the evolving requirements of Proposition 65 may seem like a burden, their intent is simply to ensure the safety of everyone, including consumers and those involved with chemical handling throughout the manufacturing process. Tailored Label Products has always prioritized user safety and continues to maintain strict regulatory compliance.

As an experienced industry leader and proven partner, Tailored Label Products has achieved ISO 9001:2015 and IATF 16949:2016 certifications and guarantees the quality of our work.

Interested In A Custom Prop 65 Warning Label?

As an engineering-focused custom label manufacturer, TLP can provide a custom engineered Prop 65 label that has been designed specifically to perform to your exact specifications — including labels that meet the new 2025 short-form requirements ahead of the January 1, 2028 deadline. Some popular options include clean removable, tamper evident, and durability for harsh environments.

For more information about Proposition 65 and its impact on your business, or to request information about Tailored Label Products and how we can help your operation achieve Proposition 65 compliance, contact us or click over to view our Prop 65 labels labels page.