The modifications significantly change both the AG's
Regulations and OEHHA's Clear and Reasonable Warnings
provisions.
California's Office of Administrative Law recently approved
important changes to two sets of Proposition 65 regulations. First,
regulations governing lawsuits brought by private enforcers were
modified, including provisions relating to settlements of private
party lawsuits. Second, the Office of Environmental Health Hazard
Assessment (OEHHA) adopted a substantive rewrite of the warning
regulations that has been in the works for the last few years.
Although the new warning regulations do not become enforceable for
two years, anyone subject to the warning requirements under
Proposition 65 has the option to comply with the regulations now,
and most businesses will want to consider planning for compliance
with the changes well in advance of August 2018.
