The California Office of Environmental Health and Hazard Assessment (“OEHHA”) recently released its long anticipated Notice of Proposed Rulemaking proposing changes to the warning requirements under Proposition 65’s (“Prop 65”) implementing regulations. In summary, the proposed regulations would establish a new mandatory regulation regarding the responsibility of product manufacturers and others in the distribution chain and provide guidance on the methods and content for safe harbor warnings, including the statement that a person “can be exposed” to a listed chemical. Significantly, the proposed amendments include an update to the current safe harbor warning and require specific identification of certain chemicals on warning labels.
We issued a client alert advisory on the key details of the proposed rule changes, which you can read here.