Potential Impact of California’s Prop. 65 on Manufacturers, Distributors, and Sellers of Cannabis Products

Arent Fox LLP

In a Cannabis Counsel podcast, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of California’s Prop. 65 on manufacturers, distributors, and sellers of cannabis products, particularly in light of the January 4, 2021 enforcement date for new THC and marijuana smoke listings. They explain how Prop. 65 could apply to businesses outside of California and those that market hemp-derived edibles, tinctures, and topical products, and discuss strategies for avoiding potentially costly litigation.

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OEHHA Notices

NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend certain sections of Article 6 of Title 27 of the California Code of Regulations. OEHHA adopted new Article 6 Clear and Reasonable Warnings regulations in August 2016, which became operative in August 2018. The Article 6 regulations adopted safe harbor warning methods and content for consumer product exposures that included provisions for a short-form warning. However, there has been widespread use of short-form warnings in ways that were not intended and do not further the purposes of Proposition 65.

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Notice to Interested Parties Developmental Toxicity Endpoint Reinstated for the Listing of Bisphenol A (BPA) as Known to the State of California to Cause Reproductive Toxicity

Effective December 18, 2020, the Office of Environmental Health Hazard Assessment (OEHHA) is adding the developmental endpoint to the existing reproductive toxicity (female endpoint) listing of bisphenol A (BPA) (CAS RN. 80-05-7) on the Proposition 65 list of chemicals known to the State to cause cancer or reproductive toxicity.  Bisphenol A was added to the Proposition 65 list as known to cause reproductive toxicity for the female reproductive toxicity endpoint, effective May 15, 2015.  The listing now includes an additional endpoint, developmental toxicity. 

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Amendment to Section 25705 Specific Regulatory Levels Posing No Significant Risk: p-Chloro-α,α,α-Trifluorotoluene

On December 2, 2020, the Office of Administrative Law approved the amendment of Title 27, California Code of Regulations, section 25705, which adopted a Proposition 65 No Significant Risk Level (NSRL) of 23 micrograms per day for the chemical p-chloro-α,α,α-trifluorotoluene (PCBTF).  The regulation will be effective on April 1, 2021.

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