By: Christopher ‘Smitty’ Smith

As we usher in 2025, businesses across the world that ship products into California are facing new and updated regulations under Proposition 65 (Prop. 65), the state’s landmark product warning law. The changes, which affect a wide range of industries—from food manufacturers to automobile part producers—have substantial implications for companies that manufacture, distribute, or sell products sold in the state. With severe penalties and potential litigation costs for non-compliance, it’s crucial for businesses to understand how these changes may impact their operations.

For those unfamiliar, Prop. 65 is a California regulation that requires businesses to provide “clear and reasonable” warnings for products that contain any of over 900+ chemicals identified by the state as known to cause cancer, birth defects, or other reproductive harm. Practically, the law is enforced by a network of plaintiffs’ attorneys who test a variety of consumer products to ensure compliance. If any trace of a listed chemical is found in a product, a notice of violation will follow, leading to costly legal battles and substantial penalties.

The California Office of Environmental Health Hazard Assessment (OEHHA) has made several key updates to Prop. 65 regulations, which became effective at the start of the new year. These changes include:

• Short-Form Warning Modifications: Short-form warnings now have to be more informative, offering additional clarity to consumers about potential chemical exposures.
• Online and Catalog Warnings: OEHHA has clarified the requirements for businesses selling products online or through catalogs, ensuring that warnings are appropriately displayed on digital platforms.
• Food Warning Signal Words: Businesses in the food industry now have more options for how they communicate the presence of listed chemicals, including clearer signal words.
• Special Requirements for Specific Products: The new regulations specify warning requirements for off-highway vehicle parts and recreational marine vessel parts.

In total, OEHHA has amended five existing Prop. 65 regulations and added two new ones. While compliance with the updated rules comes with a three-year phase-in period, businesses should not delay taking action. Non-compliance could result in significant legal and financial repercussions, particularly if your business receives a Prop. 65 Notice of Violation.

It’s essential for businesses to assess their products and supply chains to ensure they meet the new Prop. 65 warning requirements. Early compliance not only helps mitigate the risk of litigation but also provides a safeguard against the financial consequences of enforcement actions.

The Greenspoon Marder Environmental practice group, in which I serve as chair, and attorneys who are well-versed in Prop. 65, are available to help clients navigate the complexities of these updated regulations. If you have any questions on the new Prop. 65 regulations or need guidance, please feel free to reach out to me at [email protected] or (310) 218-6510.

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