On June 13, 2024, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing changes to Proposition 65’s warning requirements. The proposed changes revise proposed amendments to Proposition 65 published in October 2023, discussed in a previous blog post.
If implemented, the June 2024 proposal would revise the October 2023 proposal by:
- Delaying the required use of the new short-form warning content from two years to three years after the amendments take effect.
- Abandoning many of the proposed changes for internet purchases and catalogues. For example, the June 2024 proposal removes the October 2023 proposal’s requirement that internet retailers provide a warning on the shipped product (in addition to the online warning already required).
- Including a 60-day grace period for internet retailers to update their online short-form warnings after they are notified that a product will have new warning content.
A document showing the proposed changes to the October 2023 proposal can be found here. Comments on the proposed changes are due June 28.
Proposition 65, officially known as the as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses in California to warn customers when products contain chemicals known to the state to cause cancer or reproductive harm.