California's Office of Environmental Health Hazard Assessment (OEHHA) last week finalized updates to its PRI and SEMA-opposed October 2023 amendments to Proposition 65, a California law that requires warning labels on products containing chemicals known to cause cancer, birth defects or reproductive harm.

Because these changes will have a significant impact on the automotive aftermarket industry, including manufacturers, distributors, retailers and out-of-state companies selling products in California, SEMA and PRI will host a webinar early in 2025 to help businesses navigate these updates. Stay tuned for forthcoming details on the webinar.  

Key Updates on Prop 65's Changes: 

• Extended Implementation Period: Businesses now have three years (instead of two) to implement the revised short-form warning content.  
• Inclusion of Chemical Name: Warnings must include at least one chemical. This is a significant change from the current regulations, which allow businesses to use a generic short-form warning that does not identify any specific chemicals. 
• Options for Warnings: Companies may choose from "WARNING," "CA WARNING," or "CALIFORNIA WARNING" to help identify warnings as state-specific, especially for products sold outside California. Required elements include the yellow warning triangle, the specific risk (e.g., "cancer risk") and a link to www.P65Warnings.ca.gov. 
• Label and Font Size: The short-form warning can appear on any label size as long as the text is at least 6-point font and "conspicuous" compared to other label content.  
• Internet and Catalog Warnings: OEHHA reverted to the original regulation text, removing the requirement for warnings when the product is delivered. OEHHA plans to revisit internet warning requirements in future rulemaking. 
• Internet Retailer Grace Period: After receiving a notice or warning during the three-year transition period, online retailers have 60 days to update their short-form warnings. 

For more information, contact Christian Robinson, PRI's senior director for state government affairs, at christianr@sema.org.