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ARTICLE · 08 FEBRUARY 2021

California Proposes To Once Again Revise Its Proposition 65 Warnings

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On January 8, 2021, California's Office of Environmental Health Hazard Assessment ("OEHHA") released its proposal to amend the Proposition 65 ...

United StatesEnvironment
Trenton H. Norris
Trenton H. Norris
Peg Carew Toledo
Peg Carew Toledo
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On January 8, 2021, California's Office of Environmental Health Hazard Assessment ("OEHHA") released its proposal to amend the Proposition 65 warning regulations with respect to short-form "safe harbor" warnings.  Under the existing regulations, which were adopted in a comprehensive overhaul in 2016 and effective in 2018, the short-form safe harbor warning reads as follows:

WARNING:  Cancer and Reproductive Harm – www.P65Warnings.ca.gov.

This warning method was established in regulation by OEHHA after a lengthy stakeholder process and is an efficient tool for companies to comply with Proposition 65 because it balances competing label requirements, conveys a succinct warning to the consumer, directs them to contextual information about Proposition 65, and minimizes the chance of consumer confusion.  It does not require identifying the specific chemicals at issue, requires less space, and can be used effectively for internet displays.  A company's use of this

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