California Proposition 65: Approved Changes Overhaul Safe Harbor Warnings

On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California's Proposition 65, issued a notice stating that the Office of Administrative Law approved changes to the Prop 65 "clear and reasonable warnings" regulations originally proposed by OEHHA in October 2023. These changes, including changes to the so-called "short-form" warning requirements, will have a significant impact on the regulated community.

Prop 65, officially referred to as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses with 10 or more employees to provide a "clear and reasonable" warning before exposing individuals in California to any listed chemical that may cause cancer, birth defects or reproductive harm, or both. This list includes almost 1,000 chemicals ranging from naturally occurring to human-made chemicals. This list continues to grow as new chemicals are