Proposition 65 – Changes That Will Impact the Cannabis Sector
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Cannabis Counsel Cast: Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning
Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings...more
On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect. Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has revised the regulations on “Safe Harbor” warning language effective January 1, 2025. While a business is not required to use these Safe Harbor...more
The California Office of Environmental Health Hazard Assessment recently approved an amendment to the so-called “short-form” safe harbor warnings under the state’s Proposition 65 law. The changes will alter the regulations...more
On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more
This week, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the proposed Prop. 65 additional safe harbor warning options for acrylamide have become final. The safe harbor options will be included in...more
A recent uptick in Proposition 65 notices of violation have targeted California restaurants. These notices are issued from a particular private enforcer (or bounty hunter), but such trends often prompt others to follow suit....more
Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more
In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more
California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California...more
On September 16, 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) submitted to the California Office of Administrative Law (OAL) a revised Proposition 65 warning label requirement for the use of...more
On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65...more
California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings - The National Law Review - On April 5, 2022, the California Office of Environmental Health Hazard Assessment...more
California’s Office of Health Hazard Assessment (OEHHA) issued a notice on Dec. 13th that proposes a surprising number of changes to the simple short form warning approach under Proposition 65. The proposal presents another...more
On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed an amendment to the content and conditions of use of Proposition 65 (“Prop 65”) short-form warnings. The proposal, which has not yet been adopted,...more
If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed sweeping changes to the popular “short-form” Proposition 65 warning. On January 8, 2021, OEHHA issued a proposal to amend Article 6 “Clear and...more