• In response to stakeholder comments, California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed amendments to clarify ambiguities in Article 6 of its Proposition 65 (Prop 65) warning regulations.  Prop 65 is a right-to-know law that requires individuals to receive a clear and reasonable warning before being exposed to certain chemicals that California deems to be carcinogens or reproductive toxicants.  As summarized here, OEHHA’s final rule amending Article 6 of the regulations implementing Prop 65 became effective in 2018 and imposed requirements on content and methods of transmission, including new Prop 65 warning language.

• Among other clarifications, the amendments proposed by OEHHA on January 31, 2020 would make it explicit that:

  •  Sales through mobile devices are covered by current Article 6 regulations that require warnings for “internet sales;”

  • The option of providing warnings via an electronic device or a process that automatically provides the warning to the purchaser prior to or during the purchase of a product is only for a “physical retail location;”

  • Product-specific safe harbor warning provisions apply to all products that are subject to specific safe harbor warnings under Prop 65;

  • Product-specific warnings must be provided for online or catalog sales of those products;

  • Foreign language translations of product-specific warnings will be required; and

  • Product-specific warnings (e.g., for food, furniture, etc.) may be provided under the existing regulation on catalog warnings.

There are also several new proposed amendments that apply specifically to alcoholic beverages.  A full analysis is available here, of OEHHA’s proposed amendments to its Article 6 regulations on Prop 65 warnings.  OEHHA is accepting comments on the proposed amendments through March 16, 2020.