Prop 65 Counsel: What To Know
Potential Impact of California’s Prop. 65 on Manufacturers, Distributors, and Sellers of Cannabis Products
Arent Fox LLP
In a Cannabis Counsel podcast, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of California’s Prop. 65 on manufacturers, distributors, and sellers of cannabis products, particularly in light of the January 4, 2021 enforcement date for new THC and marijuana smoke listings. They explain how Prop. 65 could apply to businesses outside of California and those that market hemp-derived edibles, tinctures, and topical products, and discuss strategies for avoiding potentially costly litigation.
OEHHA Notices
NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend certain sections of Article 6 of Title 27 of the California Code of Regulations. OEHHA adopted new Article 6 Clear and Reasonable Warnings regulations in August 2016, which became operative in Augus
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.
Our Environment, Land Use & Natural Resources Group examines the broad changes to California’s Proposition 65 short-form warnings that will impact every business selling anything in.