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On January 8, 2021, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 of the regulations implementing the state’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. These changes will require any company using short-form warnings to revise their labeling and marketing compliance plans.
Compliance with California’s Proposition 65 is a familiar hurdle for businesses selling consumer products into that state. Proposition 65 requires that consumers be provided with a “clear and reasonable warning” of exposures to certain chemicals determined by California’s Office of Environmental Health Hazard Assessment (OEHHA) to cause cancer, birth defects, or other reproductive harm. Manufacturers, distributors, and retailers who fail to provide such a warning are at risk for enforcement lawsuits
Wednesday, January 20, 2021
On January 8, 2021, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 of the regulations implementing the state’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. These changes will require any company using short-form warnings to revise their labeling and marketing compliance plans.
Compliance with California’s Proposition 65 is a familiar hurdle for businesses selling consumer products into that state. Proposition 65 requires that consumers be provided with a “clear and reasonable warning” of exposures to certain chemicals determined by California’s Office of Environmental Health Hazard Assessment (OEHHA) to cause cancer, birth defects, or other reproductive harm. Manufacturers, distributors, and retailers who fail to provide such a warning are at risk for enforcement lawsuits from Californi
Use of Short-Form Warnings Would be Restricted for Products and Eliminated for Websites and Catalogs - Manufacturers of products sold to consumers and packaging.
On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use.
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A popular option for satisfying Proposition 65 warning requirements, the so-called “short-form” warning, is likely to be significantly curtailed in light of a January 8th proposal from the California Office of Environmental Health Hazard Assessment (OEHHA). Originally conceived as an option for products with limited label space, the 2016 amendments that fundamentally re-wrote the Prop 65 warning provisions did not actually restrict on-product use of the short-form warning. Over the last few years, the short-form warning has proliferated as companies like the fact that it takes up less label space and also does not require identification of the specific chemical for which the warning is being provided.