Mitzi Clark Quoted in Chemical Watch Article on Changes to Proposition 65 Short-Form Warnings

Keller and Heckman Partner Mitzi Clark was quoted in the Chemical Watch article, “California adopts overhaul to Prop 65 ‘short form’ warnings.” The article notes that amendments to California’s Proposition 65 regarding the short-form warning requirements have been officially finalized by the Office of Environmental Health Hazard Assessment (OEHHA). Any company that currently uses the popular short-form warning method for consumer products will have three years from when the amendments take effect on January 1, 2025, to update their warning labels. While the new requirements will go into effect on January 1, 2025, there is a grace period for on-product warnings on consumer products manufactured prior to January 1, 2028.  Thus, if the warning on these products complies with the current rules, it need not comply with the amended requirements and may be sold regardless of when the consumer purchases the product.  Further, for internet purchases made prior to January 1, 2028, sellers are not required to display the new warning until 60 calendar days after the retailer receives written notice that the product may expose consumers to Proposition 65 listed chemicals. While the amendment clarifies that the short-form warning applies to food, there is no grace period for food products manufactured prior to January 1, 2028.

“Based on our experience working with most industries impacted by Prop 65 (from food to consumer products of all kinds), I would say that many in the industry will be impacted by the forthcoming regulations,” said Mitzi.

Mitzi also added that she anticipates “that the three-year grace period will be well-perceived, particularly given other laws like California’s AB 1200 had relatively quick transition periods for cookware disclosures.”

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