Earlier this year, California’s Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the State's controversial Proposition 65 law, released a “pre-regulatory” proposal to revise its longstanding regulations governing “clear and reasonable warnings.” The proposal met with substantial opposition from a broad coalition of businesses and, as a result, a new slimmed-down version is expected to be unveiled by OEHHA later this fall. In the interim, to address other aspects of the business community's criticisms of its prior proposal, OEHHA has just requested that the public submit ideas, by November 17, 2014, concerning several other aspects of the Proposition 65 regulations.

OEHHA's request focuses on key aspects of the few defenses available in Proposition 65 cases...