At long last, it’s here—OEHHA’s long-awaited amendments to the Proposition 65 “clear and reasonable warning” regulations become mandatory for products manufactured on and after August 30, 2018.

As we are sure you’ve probably heard ad nauseam by now, the revisions make two key changes to the Proposition 65 regulations: (1) for the first time, they allocate responsibility for warnings among suppliers and retailers; and (2) they make several substantive changes to the content and methods of transmission for “safe harbor” warnings.

While we have posted a detailed summary of the new amendments if you want to get into the weeds, here is a quick refresher. The amendments:

  • Place the primary responsibility for warnings on manufacturers, distributors, importers, and private label retailers, while providing an exception to liability for retailers functioning in a pure retail role;
  • Require the inclusion of a warning symbol, specific warning language, and identification of at least one chemical in the warning; and
  • Prescribe specific warning language and methods for certain product categories, including furniture, raw wood, food, and alcoholic beverages.

Proposition 65 Survival Guide

Based on the questions we’ve heard over the past year, the changes have created significant confusion and challenges for suppliers and retailers. In light of this, we thought it would be helpful to provide a “survival guide” of guidance and reference materials for businesses: