OEHHA Proposes (Additional) Modifications to Prop 65 Short-Form Warnings
20 December 2021
Husch Blackwell LLP
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The Office of Environmental Health Hazard was established one year ago.
It was proposed to amendThese are the short warning rules
Proposition 65. Proposition 65.
Californians concern about chemical exposure
“Clear and reasonable” warnings. There are
There are currently two types of “safe harbor” warnings. One is
This is the short form warning. The short form warning must be completed
You can get less detail and use less label space.
It is a popular way to list chemical names.
OEHHA is concerned about the misuse of the proposed short form warning
to amend the short form warning rules in early 2021 in order to provide
Consumers with more detailed information and to limit their use
For small products, we can send short warnings. The public comment
The period for these initial revisions was closed on March 29.
2021. After the public comment period, and a public hearing
Over 150 comments were received by OEHHA in written and oral form. To these comments,
These comments OEHHA now proposes the following modifications
To the proposed rule
- Increase the maximum size of short form warnings labels
From 5 x 12 x 2 inches
- Allowing the continued use of short form warnings in websites
- Add additional signal options: “CA Warning”, and
- Create an additional warning option to reduce exposure
carcinogens or reproductive toxicants
- To eliminate the use of “product label”
Although the rule proposed will limit the use of short forms, it will not stop them from being used.
These modifications may offer some relief, but be aware. The
A modified proposal rule is now available
Here. OEHHA invites comments on the proposed
Modifications until January 14, 2022
If your company is interested in commenting, please click here
Contactone of Husch to discuss the proposed regulation
Team members for Proposition 65. Our team also assists
Manufacturers can determine if their products fall under the coverage.
Proposition 65 allows for assistance in the design of complainant warnings.
as well as act as legal counsel in order to address a Proposition65
The purpose of this article is to provide a general overview.
guide to the subject matter Expert advice should be sought
Learn more about your particular circumstances.
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