Online and Internet Warning Requirements

Proposition 65 warning regulations include specific requirements for products sold online and through catalogs. Under Title 27 CCR §25600.2(b), for an internet purchase, the Proposition 65 warning must be provided before the purchaser completes the purchase (i.e., before the transaction is finalised on the website). The warning must be clearly associated with the product listing. Under the January 2025 amendments, retailers must display a new short-form warning online within 60 calendar days after receiving notice of the new short-form warning from a manufacturer (for internet purchases made prior to January 1, 2028). Warnings delivered after purchase or at time of delivery do not qualify for safe harbour protection.

Title 27 CCR §25600.2(b) (internet and catalog warnings); OEHHA December 2024 amendments (effective January 1, 2025); OEHHA guidance on warning methods.

E-commerce retailers and manufacturers selling directly to California consumers online must implement website warning systems that display Proposition 65 warnings on product pages before checkout. The warning must be specific to the product and conspicuous (not buried in general terms and conditions or links). For multi-product online retailers, automated warning display systems integrated with product information management (PIM) systems are increasingly common. The January 2025 amendments clarify that new short-form warnings must be implemented within 60 days of manufacturer notification during the transition period.