New Prop 65 Warning Requirements On The Horizon?

Proposition 65 warnings could soon become a much bigger burden for businesses.

On Friday, March 7, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) released a pre-regulatory draft of proposed changes to its regulations governing Proposition 65 warnings. As drafted, the proposed regulations would place major new burdens on California businesses and create still more litigation regarding the law's requirements.

The proposed regulations would require businesses, for every warning given, to prepare and submit a very detailed report to be posted on the OEHHA website for public viewing, would modify the language that must be used to meet the "clear and reasonable" warning requirement, and would require all warnings to explicitly inform consumers of the presence of any one of 12 specially designated chemicals, including acrylamide and lead.