Reed Smith Client Alerts

The California Office of Environmental Health Hazard Assessment (“OEHHA”) recently clarified its Proposition 65 regulations on when a warning needs to be given when marketing consumer products via the Internet or catalogs (online or printed). The initial regulations and guidance offered by OEHHA generated questions about how businesses can practically comply with Prop 65’s clear and reasonable warning requirements and the more conservative (but optional) safe harbor compliance options. In this client alert, we summarize OEHHA’s eleven “Questions and Answers for Business” and provide insight on how OEHHA’s clarifications seem to treat use of warnings provided via the Internet differently from catalogs.

Authors: Todd O. Maiden Michele D. Yuen Jamie Knauer

The California Office of Environmental Health Hazard Assessment (OEHHA) recently clarified its regulations on when a warning needs to be given when marketing consumer products via the Internet or catalogs. The regulations implement the California Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition 65 (Prop 65). OEHHA’s eleven “Questions and Answers for Businesses” (published on December 15, 2017, and located here) state OEHHA’s position on how businesses using Prop 65 warnings posted on the Internet and in catalogs, which is an option for compliance with the “safe harbor requirements,” can ensure these warnings do, in fact, comply.