Proposed CA Prop 65 Changes

Tue February 2, 2016

Proposed CA Prop 65 Changes

It seems quite clear that California is on the verge of seeing some very significant changes to its Proposition 65 warning regulations. While the changes probably will not take effect until 2018, their impact on businesses who are providing Proposition 65 product warnings will be significant.

Below is a link to the law firm Adams Nye Becht's memo analyzing the current proposals. The takeaways are in the bullet points on the first page and a half. For most of you who have a Proposition 65 warning program, the key issues are these:  If you use the current regulatory safe harbor warning (i.e., "WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other developmental harm") and/or if you provide warnings in a use and care guide or other product literature, your company will almost certainly have to change its warning practices once these proposed regulatory changes are in effect.

Proposed CA Prop 65 Changes Memo

The full text of the proposed warnings is here:

For more information:

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