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September 2016

Brace Yourself: OEHHA Adopts New Proposition 65 Warning Regulations

On August 30, 2016, the California Office of Health Hazard Assessment formally adopted new Proposition 65 warning regulations that will dramatically revise the Proposition 65 warning landscape – and, at least in the shorter term, likely increase the number of enforcement actions targeting purportedly noncompliant warnings. The new regulations become effective on August 30, 2018, two years after adoption. During this two-year interim transition period, companies may use either the new warnings or the current ones (i.e., the warnings whose requirements are set forth in the 2008 safe harbor warning regulations, hereinafter the “2008 Version”). The new regulations are codified at Title 27 of the California Code of Regulations, beginning at Section 25600. As explained further below, businesses should be cautious about springing into action to implement the new warnings, because some of the new requirements require coordination along the supply chain. Companies should use this two-year transition period to …Read More