Upcoming regulation will impact warnings for food and alcoholic beverage products.
By Michael G. Romey, Lucas I. Quass, and James A. Erselius
Latham’s previous blog posts provided an overview of some of the significant changes that will occur as a result of the new California Office of Environmental Health and Hazard Assessment (OEHHA) regulations (the 2016 Regulations) to the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65). This blog post focuses on the implications the 2016 Regulations have for food and alcohol sales, whether in restaurants, bars, packaged food ordered online, or packaged food purchased in-store. Each of these categories requires slightly different content for the Prop 65 warning. See Cal. Code. Regs. tit. 27, § 25607.1−25607.6 (2016). The updated regulations aim to provide consumers with information about products they might consume, so they can make educated decisions about consumption.