California Announces Modifications to Prop 65 Short-Form Warning Regulations
In response to numerous public comments, California's Office of Environmental Health Hazard Assessment (OEHHA) announced on June 13, 2024, modifications to the proposed amendments to the regulations governing so-called "short-form" warnings under Proposition 65.
Also known as California's Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 mandates that businesses that sell consumer products notify Californians about certain chemicals that are in those products.
As detailed in a previous Update, in 2021, OEHHA proposed amendments to its Proposition 65 warning regulations that sought to dramatically restrict businesses' use of short-form warnings (the Proposed Amendments). Specifically, OEHHA's Proposed Amendments sought to:
- Limit the use of short-form warnings to products with five square inches or less of label space.
- Eliminate the use of short-form warnings for internet and catalog warnings.
- Significantly lengthen the short-form warning language.
The Proposed Amendments have now undergone three key revisions:
- Extended implementation period. The time frame for implementing revised short-form warning content has been extended from two years to three years.
- Reversion to original text for internet and catalog warnings. OEHHA has decided to revert to the original regulatory text for most of the internet and catalog warning content. This change addresses concerns raised during the public comment period and aims to maintain consistency with existing regulations.
- New grace period for internet retailers. A new provision grants internet retailers a 60-day grace period to update their online short-form warnings after receiving a warning or written notice. This grace period applies during the three-year implementation period, offering retailers a buffer to make necessary adjustments.
The public comment period for these additional modifications is open until June 28, 2024.
© 2024 Perkins Coie LLP
