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California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to its safe harbor warning requirements for consumer products which have sparked considerable discussion among business owners and industry stakeholders.

These changes aim to enhance the clarity and effectiveness of warnings provided to consumers. For example, the proposed changes will now permit two alternatives to highlight the California-specific nature of the warnings. In addition to the word, “WARNING,” businesses can choose to utilize the phrases “CA WARNING:” or “CALIFORNIA WARNING:” in all capital letters and in bold print. In the case of a carcinogen, warnings may look like: “Cancer risk from exposure to [name of chemical]” or, “Can expose you to [name of chemical], a carcinogen.”[1] The new changes also present new challenges and opportunities for businesses striving to comply with the law.

From a business perspective, one of the primary concerns regarding the proposed amendments is the potential increase in compliance costs. The new requirements may necessitate changes in labeling, packaging, and marketing strategies, which could lead to significant financial outlays. Small and medium-sized enterprises may find these costs burdensome, as they often lack the resources of larger corporations to absorb such expenses. Businesses are closely analyzing the proposed changes to understand the financial implications and to develop cost-effective strategies for compliance.

Despite the concerns about increased costs, many businesses recognize the potential benefits of clearer warnings. The proposed amendments aim to provide more specific information to consumers about the risks associated with certain chemicals in products. By offering clearer warnings, businesses can enhance consumer trust and potentially reduce the risk of litigation related to Proposition 65. Clearer warnings can also help businesses differentiate themselves in the marketplace by demonstrating a commitment to transparency and consumer safety.

In preparation for these changes, businesses are actively exploring various strategies to adapt to the new requirements. Some are investing in legal and compliance expertise to ensure they fully understand the implications of the amendments and can execute necessary changes efficiently. Others are engaging in industry collaborations to share best practices and develop standardized approaches to compliance. Additionally, businesses are considering technological solutions, such as digital labeling and QR codes, to provide consumers with easy access to detailed product information.

Ultimately, the proposed amendments to Proposition 65’s safe harbor warning requirements present both challenges and opportunities for businesses. By proactively preparing for these changes and adopting innovative strategies, businesses can not only ensure compliance, but also strengthen their market position and reputation. As the regulatory landscape continues to evolve, staying informed and adaptable will be key to navigating the complexities of Proposition 65.


[1] See www.P65Warnings.ca.gov.

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Photo of Hilda Akopyan Hilda Akopyan

Hilda always knew she’d be a litigator: she loves the fast pace nature of litigation, as well as investigative research and innovative problem solving to clients’ unique legal needs.

Hilda enjoys taking and defending depositions, motion practice, and collaborating with clients, always taking…

Hilda always knew she’d be a litigator: she loves the fast pace nature of litigation, as well as investigative research and innovative problem solving to clients’ unique legal needs.

Hilda enjoys taking and defending depositions, motion practice, and collaborating with clients, always taking into account their individual stories and goals. Hilda has significant experience in case management and factual investigation and aims to resolve cases by seeing them through to resolution, whether at trial, through settlement, or by obtaining favorable outcomes through filing dispositive motions. Whether the clients are individuals or large companies, Hilda enjoys advising and working with them to develop strategy.

Over the years, Hilda has represented companies involved in the manufacture, sale, and distribution of various products ranging from personal care and cosmetics to automotive parts to building and construction materials.

Hilda focuses her practice on the areas of general liability, mass torts, products liability, commercial litigation, and real estate litigation. She also works closely with clients in pre-litigation to advise them of their best course of action to avoid litigation, when possible.

Photo of Dana Maugeri Dana Maugeri

Dana always knew she had a passion for speaking out as an advocate and that litigation would be a natural fit. After earning her law degree, she found herself working primarily on mass tort cases at her first firm. Dana soon realized that…

Dana always knew she had a passion for speaking out as an advocate and that litigation would be a natural fit. After earning her law degree, she found herself working primarily on mass tort cases at her first firm. Dana soon realized that the practice area was notable for the attorneys on both sides: toxic tort attorneys generally worked in a culture of moving cases forward toward resolution. There was a desire throughout the field to efficiently litigate and not hold matters back, and Dana appreciated this approach. She also valued the opportunity to work in a practice area with a strong focus on workers.

At Husch Blackwell, Dana handles asbestos and other toxic tort litigation, often in notoriously difficult jurisdictions in Pennsylvania and New Jersey. In addition to research, drafting of pleadings and settlement negotiations, Dana devotes a significant portion of her time to depositions of plaintiffs, defendants, expert witnesses and treating doctors. With a background in worker’s compensation alongside her toxic tort work, she has extensive experience handling medical records and witnesses.

Known for her ability to relate to the individuals she deposes, Dana aims to foster dialogue rather than argument with plaintiffs and opposing counsel. She finds that approaching plaintiffs as people rather than combatants increases her negotiating power and makes her a more effective litigator, serving her central goal of getting clients to favorable resolutions sooner rather than later.

Photo of Paloma Acosta Paloma Acosta

Paloma is a Senior Counsel in the Mass Tort & Product Liability group.