Proposition 65: August Deadline Looming for OEHHA’s Amended Proposition 65 Clear and Reasonable Warning Requirements

There are less than five months before the effective date of the California Office of Environmental Health Hazard Assessment (OEHHA) revisions to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations.  By August 30, 2018, companies must comply with the revised regulations for consumer product, occupational, and environmental exposures.  While some companies have already revised warning requirements prior to this deadline, and an exception permits the prior warning language on consumer products manufactured before August 30, 2018, there remains a large majority of consumer products and other exposure scenarios that require detailed review and development of revised policies and warnings to ensure compliance with the new requirements.

Information related to OEHHA’s past actions modifying Prop 65 warning regulations, including the August 28, 2016, adoption and the December 7, 2017, amendments, is available on our website, key phrase Proposition 65.  A side-by-side comparison of the old and new regulations, updated to reflect the December 2017 amendments, is a helpful tool provided by OEHHA to demonstrate the extent of the changes.  Some of the major changes that companies must consider are discussed in this memorandum.