In January 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the most significant revisions to the Proposition 65 warning regulations since the 1980s. Not surprisingly, OEHHA received numerous comments and feedback in response to the proposed changes. On November 27, 2015, OEHHA responded to those comments by withdrawing the January 16 proposal and issuing an updated proposal with several key changes.

Background -

California’s Proposition 65 requires OEHHA to publish a list of chemicals known to the State to cause cancer or developmental or reproductive toxicity. The law requires businesses offering products or services in California that expose any person to a listed chemical above a threshold level to provide a “clear and reasonable” warning prior to such exposure. OEHHA’s current regulations provide “safe harbor” warnings that businesses can rely upon to comply with the statute.