Short Comment Period for Revised Prop 65 Warning Regulations

On Friday, March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) released another set of proposed revisions to the Prop 65 warning label regulations. The comment period is very short – only 15 days.  Members of the public have only until April 11, 2016 at 5:00 p.m. PST to submit comments on the revised regulations.  Requests to extend the comment period are pending, but not guaranteed.

OEHAA initiated formal rulemaking for the revisions to Prop 65 warning label regulations in January 2015. That proposal was repealed and replaced with new proposed regulations in November 2015.

While mildly improved, this proposed revision of the ubiquitous Prop 65 warning label requirements is the biggest change in the past few decades.  All product sellers into California should be on alert to how these new rules will affect their product labels as well as all Internet sites that advertise their products, and the increased potential risk for citizen suit litigation.

Among the topics affected by the revisions are the definition of a “clear and reasonable” warning, the provision of “supplemental information” on a warning label, labels for products sold online to recipients in California, and foreign language requirements in labeling.