Long Story Short: OEHHA Proposes Changing Prop 65 Safe Harbor Warning Requirements

WARNING: Everything in California May Cause Cancer

That is the likely conclusion if one were to believe every Proposition 65 warning they encounter. So ubiquitous are Prop 65 warnings that they seamlessly blend into the California landscape. From mall entrances to just about every conceivable consumer good, Californians are bombarded with Prop 65 warnings to the point that it is hard to know what is not known to the state of California to cause cancer or reproductive harm.

Clearly, we have an overwarning problem and the agency responsible for promulgating the regulations, the Office of Environmental Health Hazard Assessment (OEHHA), agrees. Unfortunately, their proposed regulatory changes will not likely reduce the number of warnings and will have negative unintended consequences to businesses.

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