Today, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA), published proposed amendments to Article 6 of the state’s Proposition 65 regulations. Very shortly, our Prop 65 team will publish a full analysis of the proposed changes; however, in brief:
Currently, Prop 65 regulations allow certain companies to use a “short form warning label” in certain situations; however, it remains commonplace for many companies to be able to utilize the short form warning. An example of a short form warning is:
WARNING: Cancer and Reproductive Harm –
The proposed changes to the warning label would mean the following:
- Short form warning labels would only be allowed on products with 5 square inches or less of label space;
- Short form warnings would no longer be allowed for internet and catalogues; and
- The name of at least one chemical must be included in the short form warning text.
The proposed changes will have widespread impact on companies doing business in or sending products to California. Proposition 65 penalties can be as high as $2,500 per violation per day. As companies often face the added prospect of paying the other side’s attorney fees, most Proposition 65 matters carry great financial risk and are very expensive to litigate. Compliance is key and our Prop 65 team is available to assist companies of any size navigate these incredibly impactful changes.