New California Proposition 65 product warning rules, enforcement activities and compliance screening

by BOMcheck (April 2018)

Proposition 65 businesses with 10 or more employees in California to provide “clear and reasonable” warnings if their products expose individuals to any Proposition 65 substance above “safe harbor” levels. The Proposition 65 list currently includes more than 900 chemicals.

Webinar highlights include:

  • In August 2016 OEHHA introduced new regulations which change the “safe harbor” warnings which are deemed to comply with the law. The new “safe harbor” warning methods and content take effect from 30 August 2018.
  • California empowers private citizens, working with ‘bounty hunter’ attorneys, to enforce compliance with these Proposition 65 warning requirements. In the past 17 years the number and size of the settlement payments carried out by private ‘bounty hunter’ attorneys have trebled, from around $10 million dollars in 2000 to around $30 million in 2016.
  • Most of the 900+ substances on the Proposition 65 are not relevant to mechanical products and electrical products. We have worked with Dr Paul Goodman at RINA consulting to produce a screening assessment which reduces time and cost for Proposition 65 compliance by 97%.