On January 8, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed to amend the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (“Prop 65”). In 2016, OEHHA adopted new Article 6 Clear and Reasonable Warnings regulations, providing manufacturers with a “short-form” warning alternative that did not require manufacturers to identify any chemicals on their respective labels. Although it may have been OEHHA’s intention that short-form warnings were to be used only on products with limited label space, Prop 65 allowed manufacturers to use short-form warnings on all products, regardless of label size. The proposed amendments to the Prop 65 warning are an attempt to provide clarification to businesses that have made inquiries concerning the Article 6 labeling requirements, and to explain whether the short-form warnings may be used for food products.
What are the Prop 65 warning amendments?[Read More]