On January 13, 2021, California approved amendments to the state’s Proposition 65 warning regulations, which relate to the methods for providing warnings for alcoholic beverages purchased over the internet or through mobile applications.

As a result of the amendments, Section 25607.3(3)(A) now requires that a warning be provided to the purchaser or delivery recipient prior to or contemporaneously with the delivery of an alcoholic beverage in addition to any warning on the internet site or in a catalog.  A business must place warning meeting specified formatting requirements on either (i) the shipping container or delivery package or (ii) by email or text message as part of the electronically delivered receipt or confirmation for the applicable purchase.

The regulation, which becomes effective on April 1, 2021, makes available to all companies compliance options that the Attorney General provided in a January 2020 consent judgment with 13 alcoholic beverage delivery defendants.