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Perspectives

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OEHHA Announces Amendments to the Prop 65 Safe-Harbor Warning Regulations

On December 6, 2024, OEHHA announced that amendments to the Prop 65 safe-harbor warning regulations have been approved and finalized. The amendments will be effective on January 1, 2025, and will allow Prop 65 warnings to specify “CA WARNING” or “CALIFORNIA WARNING,” will provide a short-form warning for food products, and will provide separate safe-harbor warning provisions for passenger or off-highway motor vehicle parts and recreational marine vessel parts. The amendments will still require that short-form warnings be provided in at least 6-point type, but remove the requirement that warnings also be provided in the largest type size used for other consumer information on the product.  

Significantly, the amendments will also require short-form warnings to include the name of at least one chemical, but this requirement does not apply to products manufactured and labeled before January 1, 2028. For internet purchases, if a manufacturer provides notice of an updated short-form warning complying with the amended regulations before January 1, 2028, a retailer will have 60 days to update the short-form warnings on its website.  

The amendments can be found here, and more information on the rulemaking can be found here.

Tags

environmental law, prop 65