The proposal had contemplated clarifications to when short-form warnings should be used and had aimed to introduce new requirements for information about harmful chemicals.

By Michael Romey, Christopher Martinez, and Lucas Quass

Several amendments that the California Office of Environmental Health Hazard Assessment (OEHHA) had proposed to rules on short-form product warnings failed to move forward because OEHHA was unable to advance the rulemaking process within the legally allotted period.

The proposed amendments seek to clarify when short-form product warnings may be used and create new requirements for information about harmful chemicals.

By Michael G. Romey, Lucas I. Quass, and Kevin Homrighausen

Update: On February 19, 2021, OEHHA announced that the public comment period has been extended until March 29, 2021. OEHHA also scheduled a virtual public hearing to discuss the proposed amendments on March 11, 2021, at 10 a.m. PT.

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to the regulations of California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or Prop 65). The proposed amendments seek to clarify the circumstances under which short-form product label warnings are permitted and create new requirements for identification of hazardous chemicals in short-form warnings.

Upcoming regulation will change substantive components of Prop 65 warnings. 

By Michael G. Romey and Lucas I. Quass

As discussed in Part 1 of Latham’s previous posts, California’s Office of Environmental Health Hazard Assessment (OEHHA) will modify how the department implements the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (Prop 65) on August 30, 2018. In 2016, OEHHA published new regulations (the 2016 Regulations) for Prop 65 enforcement that will increase businesses’ responsibility to provide a “clear and reasonable” warning to consumers for products that contain carcinogens and/or reproductive toxins. OEHHA intended for the updated clear and reasonable requirements to improve access to information for California consumers considering purchasing products containing certain chemicals that the State designates as causing cancer or reproductive harm. As discussed in Part 2 of this series, the 2016 Regulations explain which businesses in the supply chain are responsible for each part of the Prop 65 warning process.

The 2016 Regulations require different warning content than earlier Prop 65 regulations, and also provide new “safe harbor language” which, if followed, are by regulation clear and reasonable. Cal. Code. Regs. tit. 27, § 25603(a). Distributors, suppliers, manufacturers, producers, packagers, and importers (Upstream Entities) will be responsible for developing warning content that complies with the 2016 Regulations before they become effective on August 30th. This blog post will discuss the new safe harbor content provided by the 2016 Regulations. The post is part of a continuing series on Prop 65 compliance issues for entities within the California chain of commerce to consider, as the new regulations become effective on August 30, 2018. The 2016 Regulations are only applicable to products manufactured on or after August 30th.