What's Up On Prop 65 Three Months After New Regulations?

By now, followers of California's Proposition 65 are well aware of the August 30, 2018, changes. In a nutshell, they are:

• Changes to warnings that require inclusion of a specific chemical and potential harmful result of either cancer and/or birth defect
• Required website warnings
• Mandatory pictograph and required font size
• The burden is shifted from retailers to manufacturers
• Annual renewal and review.

So, what has been the impact three months into these new regulations?

1. Plaintiffs' attorneys are looking for violations, primarily targeting the low-hanging fruit for a company's failure to comply with the updated warnings. Many of the notices of violation have been in the food industry.