Prop 65 Update: Clear & Reasonable Warnings

In January, OEHHA posted a Notice of Adoption of Amendments to Proposition 65. The amendments relate to methods for providing warnings for alcoholic beverages purchased over the internet or through mobile apps. These changes require no additional action for wineries that follow Wine Institute’s prior advice on Prop 65 warnings. The regulation will be effective as of April 1, 2021.

Specifically, the amendments:

  • Add a requirement that “a warning must also be provided to the purchaser or delivery recipient prior to or contemporaneously with the delivery of the product.”
  • Add a compliance option by allowing the warning to be provided by email or text message as part of the electronically delivered receipt or confirmation for the applicable purchase.

Consistent with our prior advice, Wine Institute strongly recommends including the warning on or inside the shipment box in addition to any internet or electronic warnings, including this new electronic receipt compliance option.

There were no changes affecting the duty to warn about BPA exposures. For your convenience, we have updated our chart to provide a quick reference to the clear and reasonable warning regulations for Alcohol Beverages and BPA.

Prop 65 Alcohol Beverage Warning & BPA Warning Posting Requirements for Wineries

General Alcohol WarningXX (on or inside box; email or text message)X
BPA Point of Sale* XX
BPA Point of Display*X (on or inside box)
*Not Required for Products Determined to Not Contain BPA
Table updated: Feb. 2021