August 18, 2026|Product Liability Insider
On July 30, 2026, the California Office of Environmental Health Hazard Assessment (OEHHA) held its pre-regulatory workshop for the proposed “Omnibus 2026” Proposition 65 amendments, outlining a series of targeted regulatory changes affecting warning content, warning delivery methods, retailer responsibilities, internet sales, and other compliance provisions. Public comments are being accepted through September 7, 2026.
While OEHHA characterizes these proposals as technical and clarifying in nature, several of the amendments could have significant compliance implications for manufacturers, importers, distributors, retailers, and e-commerce sellers operating in California.
Key Takeaways
The proposed package focuses on eight principal topics:
- New tailored warnings for off-road vehicle and equipment parts
- Revisions to short-form warning language
- Changes to voting procedures for Proposition 65 expert committees
- Clarification of the “naturally occurring” exemption
- Expanded internet warning requirements
- Clarification of retailer warning responsibilities
- Addition of QR codes as a warning method
- Technical citation updates and regulatory housekeeping provisions
For regulated businesses, the internet sales, QR code, retailer responsibility, and naturally occurring exemption proposals are likely to attract the most attention.
1. New Tailored Warning for Off-Road Vehicle and Equipment Parts
OEHHA proposes creating a new product-specific warning option for off-road vehicle and equipment parts. The proposal is intended to give businesses additional flexibility when warning for exposures associated with parts used in agricultural, forestry, mining, construction, and other off-road equipment applications.
The proposed warning would specifically address exposures from handling and installing these products and would reference chemicals such as lead and phthalates, while also providing exposure-reduction guidance.
This proposal continues OEHHA’s trend of developing industry-specific warning options where the agency believes tailored warnings may provide consumers with more meaningful information.
Why It Matters
Manufacturers and sellers of replacement parts, aftermarket components, and equipment accessories may gain an additional warning option that could be more practical than relying solely on existing full-length or short-form warnings.
2. Short-Form Warning Language Alignment
OEHHA is proposing a technical revision to align the short-form warning regulations with existing full-length warning provisions by expressly recognizing that a warning may identify exposure to more than one listed chemical.
According to OEHHA, the proposal is intended to clarify that businesses may reference multiple chemicals in short-form warnings and to better harmonize the regulatory text governing different warning formats.
Why It Matters
Although largely technical, the change may provide additional flexibility and reduce ambiguity for businesses that identify more than one listed chemical when developing warning content.
3. Clarification of the “Naturally Occurring” Exemption
One of the more noteworthy proposals addresses the longstanding Proposition 65 exemption for chemicals that are naturally occurring in food and not present due to human activity.
OEHHA proposes clarifying that a listed chemical may still be considered present as the result of human activity if the chemical has been extracted or concentrated from its original source, even where the chemical’s Chemical Abstract Services (CAS) Registry Number remains unchanged.
The proposal appears aimed at avoiding arguments that extraction or concentration processes necessarily preserve the naturally occurring status of a substance simply because the underlying chemical identity remains the same.
Why It Matters
Businesses relying on naturally occurring defenses, particularly in food, dietary supplement, botanical, agricultural, and natural-product sectors, should carefully evaluate whether extraction, concentration, purification, or processing activities could undermine a claimed exemption.
This proposal may ultimately provide additional arguments for private enforcers challenging naturally occurring exemption claims.
4. Internet Sales Receive Additional Attention
OEHHA is proposing amendments designed to clarify how warnings must be provided for products sold through websites, mobile applications, and other digital sales channels.
Under the proposal, businesses would be required to provide warnings both:
- Prior to purchase on the product display page or through a warning hyperlink or other prominent online display; and
- On or with the delivered product itself.
OEHHA explained that the objective is to ensure both purchasers and end-users receive Proposition 65 warning information.
Why It Matters
E-commerce compliance remains a major enforcement focus. Companies that currently rely solely on online warnings or solely on product packaging warnings should review their practices to ensure warnings are consistently delivered through both channels.
Online marketplaces, branded websites, and mobile commerce platforms may need to examine warning placement and consumer visibility prior to checkout.
5. Clarifying Retailer Responsibilities
OEHHA is also proposing revisions to the retailer responsibility provisions. The stated goal is to simplify the regulatory language and reinforce that warning obligations generally remain with manufacturers, producers, packagers, importers, suppliers, and distributors, except in specified circumstances.
The proposal would also clarify that a retailer’s warning obligations can arise when warning information is not ultimately provided to consumers, including situations where products are removed from original packaging before sale.
Why It Matters
Retailers may face increased scrutiny regarding how manufacturer-provided warning information reaches consumers at the point of sale. Businesses selling unpackaged or repackaged products should pay particular attention to these proposed revisions.
6. QR Codes May Become an Authorized Warning Method
Perhaps the most modernizing proposal involves adding QR codes as an approved warning transmission method.
OEHHA proposes allowing a product-specific warning to be delivered through a QR code located on a sign, shelf tag, shelf sign, label, or labeling. The warning would be displayed when the code is scanned by a consumer. OEHHA also requested public input regarding the information that should appear on the linked webpage and the instructions accompanying the QR code.
Why It Matters
If adopted, QR codes could offer businesses a more flexible compliance tool, particularly where labeling space is limited or where warning information may need to be updated over time.
However, the proposal may also raise practical questions concerning consumer accessibility, data retention, website maintenance, and evidentiary proof that warnings were properly delivered.
Looking Ahead
Although OEHHA characterizes the Omnibus 2026 package as a collection of clarifications, several proposals could meaningfully affect Proposition 65 compliance programs, particularly for e-commerce sellers, manufacturers of industrial and off-road products, retailers, and businesses relying on naturally occurring exemption arguments.
Companies should review the proposed amendments now and consider whether to submit comments before the September 7, 2026 deadline. Even if the final regulations ultimately differ from the workshop draft, the proposals provide valuable insight into OEHHA’s current regulatory priorities: clearer consumer warnings, modernized warning delivery methods, and increased transparency in the online marketplace. [oehha.ca.gov]
Practical Recommendation: Businesses with California exposure should conduct a focused review of their internet warning practices, retailer warning procedures, and any reliance on naturally occurring exemptions, as these areas appear most likely to generate future compliance and enforcement attention.
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