Companies may need to carefully consider practical business concerns to comply with the updated Prop 65 regulations, effective August 30.

New regulations governing the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) will go into effect on August 30, 2018 that apply to products manufactured after the operative date of August 30, 2018. The new regulations update the content of the Prop 65 warning label that appears on products, in addition to other substantive changes.

Below is one example of how the new warning may look; however, the exact content will depend on the specifics of the exposure in question.

WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.p65Warnings.ca.gov/product.

Compliance with the updated Prop 65 regulations often requires companies to review the chemical makeup of their products and evaluate relationships within the chain of commerce, as well as to work with upstream and downstream entities to ensure that adequate measures are in place to provide a chemical specific warning that meets the new safe harbor language. For some companies, this process is fairly straightforward; for others, it is more complex and requires careful consideration of practical business concerns.

Latham’s four-part series — “How to Prepare for California’s Updated Prop 65 Regulations” — offers analysis of the new regulations, while providing companies a foundation for developing a Prop 65 compliance strategy. The series includes the following sections.

  • Part 1 addresses the updated regulations’ warning requirements for online and catalog retailers.
  • Part 2 reviews implications for upstream entities that may be required to shoulder more responsibility in the warning process after August 30.
  • Part 3 addresses how the upcoming regulation will change the substantive components of Prop 65 warnings.
  • Part 4 addresses specific Prop 65 requirements for food and alcohol products, including in restaurants.