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…