Prop 65 Warning Regulation Changes Announced

Tue November 15, 2016

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California’s lead agency for Proposition 65 has been attempting to revise its “safe harbor” warnings for nearly two years.  The process is finally complete, and the revised regulations were published on September 2. While they will not come into effect until August 30, 2018, they will have a VERY significant impact on every company doing business in, or selling product in, California.

The memo for download outlines the new regulations. I strongly urge you to review those sections that may apply to your business (the table of contents will help you in this regard) and start giving some serious thought to how you will change your Proposition 65 compliance program over the upcoming two years. In the past, there has been very little enforcement litigation over the adequacy of warnings.  However, we are very concerned that this will change, and that many companies will be sued for not updating their warning programs before the effective date.

Please note that if you have entered into a Proposition 65 settlement by way of a consent judgment, and the judgment describes your warning obligations, then as to the products described in the consent judgment, you will not have to change anything.  But if you entered into an out of court settlement agreement containing warning requirements, it is very probable that you will have to revise the warning text, and possibly warning transmission methods.

I will try to send you occasional reminders that the effective date for the new regulations is upon us;  you will probably get one next summer, and another one at the beginning of 2018. In the meantime, we are available and at your service for providing advice on compliance with the new regulations and any and all other consulting, negotiating or defense assistance concerning Proposition 65.  If you wish to schedule an appointment to discuss, you may e-mail me with two or three potential dates and times, or call my assistant, Chris Thomas, 415-982-8955.

I certainly hope this finds you and your businesses well.  We are here to help, so feel free to let us know what we can do.

Bruce Nye
adams | nye | becht  LLP
222 Kearny Street, 7th Floor
San Francisco, CA 94108-4521
Tel: 415.982.8955
Fax: 415.982.2042