California’s OEHHA Proposes Additional Revisions to Prop 65 “Clear and Reasonable Warnings” Regulation

We previously reported that on March 25, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a revised proposed regulation to amend the requirements for “clear and reasonable warnings” under the Proposition 65. On May 18, 2016, OEHHA published a slightly revised version of the proposed regulation.  This most recent version includes additional changes to the March 25 proposed regulation based on the additional comments the agency received. While most of these revisions made by OEHHA are non-substantive, we encourage food and beverage manufacturers, distributors, retailers, and restaurants to closely examine the proposal and assess how the new regulation will affect their compliance with the Prop 65 warning requirements. Comments specifically addressing the changes made by OEHHA are due on June 6, 2016.