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ARTICLE · 29 OCTOBER 2020

2020 Regulatory Amendments Attempt To Simplify Proposition 65 Warning Obligations

Jones Day
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New regulatory amendments to Proposition 65 went into effect on April 1, 2020.

United StatesEnvironment
Thomas Donnelly
Thomas Donnelly
Daniel Corbett
Daniel Corbett
Alexandra N. Fries
Alexandra N. Fries
Lindsay N. Szymanski
Lindsay N. Szymanski
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In Short

The Situation: New regulatory amendments to Proposition 65 went into effect on April 1, 2020. These amendments: (i) allow manufacturers, distributors, and suppliers of consumer products to satisfy Proposition 65's warning requirements by warning the next distributor in the supply chain; (ii) permit manufacturers and vendors to contract for legal liability; and (iii) clarify a retailer's obligation to warn.

The Result: While these new amendments provide some clarity on warning obligations for these entities, businesses are still subject to significant legal risk emanating from Proposition 65.

Looking Ahead: To reduce legal risk, consumer product manufacturers, distributors, suppliers, and retailers should monitor the California Office of Environmental Health Hazard Assessment's ("OEHHA") list of Proposition 65 chemicals, and participate in the required public comment period when appropriate. Additionally, when they determine a Proposition 65 warning

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