Proposed Changes To Proposition 65's Regulations Could Further Clarify Warning Obligations

Takeaways

Proposed revisions provide further clarity on the phrase "actual knowledge" and how it can be imputed to retailers for their warning responsibilities.

Proposed revisions create procedure for upstream manufacturers and distributors to shift warning responsibilities to downstream distributors and ultimately retailers.

10.08.19

On October 4, 2019, revisions were proposed to California Proposition 65 that seek to delineate further the phrase "actual knowledge" and how it can be imputed to retailers to dilute their recently gained protections under the new warning regulations. Changes were also proposed that clarify the procedures on how upstream manufacturers and distributors can effectively shift warning responsibilities onto downstream distributors and ultimately retailers. Comments on the proposed changes are due by October 21, 2019.