June 27, 2022

Volume XII, Number 178

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June 27, 2022

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June 24, 2022

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CA Proposes Second Amendment to Prop 65 Short-Form Warning Regulations

California's Office of Environmental Health Hazard Assessment (OEHHA) issued a second notice of modification to the proposed amendments limiting the availability of short-form warnings under Proposition 65. (See CA Proposes Amendments to Prop 65 Short-Form Warning Regulations, for information on earlier proposed amendments to the regulation.) 

OEHHA is proposing to further modify the regulatory text after taking into account comments the Agency received on the first modifications in December 2021.  The most recent proposed changes include:

  • Removing the label size and package shape limitations on the use of the short-form warning, which would allow the use of the short form on product labels of any size, regardless of package size and shape
  • Removing the requirement that the font type size must be the same as the largest type size providing consumer information.  The existing provision requiring a minimum of 6-point type size when using short-form warnings is unchanged. 
  • Extending the date that the regulation becomes operative to be two years, rather than one year, after the effective date of the amendments, which would allow additional time for businesses to implement changes to the short form warning

Comments on the second set of proposed modifications are due by April 20.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 100
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About this Author

Natalie E. Rainer, Keller Heckman, US Regulatory Compliance Attorney, Environmental Torts Lawyer,
Associate

Natalie Rainer joined Keller and Heckman in 2007. She practices in the area of food and drug law.

Ms. Rainer advises corporate clients regarding regulatory compliance in North America, Latin America, Europe, and Asia. During graduate school, Ms. Rainer worked at the U.S. Department of Justice, Civil Division as an intern in the Environmental Torts Section. In this position she participated in the defense of the federal government in multi-million dollar environmental lawsuits and wrote a successful U.S. Court of Appeals brief defending the...

415-948-2821
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