Skip to content

OEHHA Releases Guidance on Proposition 65 Safe Harbor Warnings

By Jennifer Karpinski Singh In December 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) released Proposition 65 guidance for website and catalog safe harbor warnings. The guidance, in the form of questions and answers, is intended to clarify the new safe harbor warning requirements that will become fully effective on August 30, 2018. As an initial note, businesses are not required to comply with OEHHA’s safe harbor provisions and are technically free to use any warning text and method of transmitting warnings in order to comply with Proposition 65 – as long as the warnings are “clear and…

Read more

2017 Ends with Flurry of Proposition 65 Activity

On both the regulatory and the enforcement sides, December 2017 was marked by significant Proposition 65 activity. On the regulatory side, the California Office of Environmental Health Hazard Assessment (OEHHA) finalized amendments to the new warning regulations and issued guidance interpreting the new regulations on internet and catalog warnings. The agency also listed new chemicals, proposed a warning level, and issued a Safe Use Determination. And the holiday season had no significant slowing effect on the issuance of Notices of Violation: 185 NOVs were served in December. In a significant development, key players in the chocolate industry have entered into…

Read more

Warning for the New California Adult Use Marijuana Industry: Doing Business in California Can Expose You to Proposition 65 Enforcement Actions

With the legalization of adult use cannabis in California, entities in the cannabis supply chain need to be aware that they may become attractive targets of Proposition 65 enforcement actions. As the new Proposition 65 warning regulations become effective later this year, Proposition 65 compliance and litigation risk management may become as challenging as the new marijuana regulatory structure now in place. These businesses should inform themselves of Proposition 65’s requirements and take steps to minimize their litigation risk. The cannabis industry has expended, and continues to expend, substantial resources in complying with the Medicinal and Adult-Use Cannabis Regulation and…

Read more