California’s Proposition 65 requires manufacturers, distributors and retailers to give “clear and reasonable” warnings before knowingly and intentionally exposing individuals to a chemical listed as known to cause cancer or reproductive toxicity. The Office of Environmental Health Hazards Assessment (“OEHHA”) is the California state agency that implements Proposition 65 and recently promulgated new regulations covering “Clear and Reasonable Warnings,” that become operative August 30, 2018. The revised regulations do not change whether a particular product requires a Proposition 65 warning, but do modify the requirements for who is responsible for providing the Proposition 65 warning and how the warnings must be provided to retail customers. If you have questions about Proposition 65 warnings, please contact Brian Biering or Chase Maxwell.
