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Proposed changes to California’s Proposition 65 short form warning and concerns about over-warning were among the topics discussed at the Proposition 65 Clearinghouse Annual Meeting, held virtually on September 27, 2021.

The California Office of Environmental Health Hazard Assessment (OEHHA) has proposed a Proposition 65 safe harbor warning for exposure to glyphosate from consumer products. 

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) announced on June 11, 2021, that it intends to list tetrahydrofuran, 2-ethylhexyl acrylate, methyl acrylate, and trimethylolpropane triacrylate (technical grade) as carcinogens under Proposition 65. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. 

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) announced on March 19, 2021 that it intends to list perfluorooctanoic acid (PFOA) as a chemical known to the state to cause cancer under Proposition 65 based on the

Authoritative Bodies listing mechanism. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. 

Amendments to California’s Proposition 65 warning regulations, which mainly relate to the manner of providing warnings for alcoholic beverages purchased over the internet or through mobile applications, were issued on January 13, 2021. By way of background, Proposition 65 is a right-to-know law that requires individuals to receive a clear and reasonable warning before being exposed to certain chemicals that California deems to be carcinogens or reproductive toxicants.

California's Office of Environmental Health Hazard Assessment (OEHHA) has issued proposed amendments to limit the option for providing a shortened version of the Proposition 65 warning on consumer and other products.

The California Office of Environmental Health Hazard Assessment (OEHHA) relisted bisphenol A (BPA) as a reproductive toxicant (developmental endpoint) under Proposition 65. The listing became effective December 18, 2020. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits, among other things, knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. 

The California Court of Appeal, Third Appellate District (Sacramento), has upheld the listing of bisphenol A (BPA) as a reproductive toxicant under Proposition 65 (Prop 65). Prop 65 a right-to-know law that requires individuals to receive a clear and reasonable warning before being exposed to certain chemicals that California deems to be carcinogens or reproductive toxicants.

California’s Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) by adopting Section 25505, “Exposures to Listed Chemicals in Cooked or Heat Processed Foods.” The proposed amendment establishes maximum concentration levels for listed chemicals in foods that are produced by cooking or heat processing that are deemed by OEHHA to be the lowest levels currently feasible.  

U.S. District Judge William B. Shubb (Eastern District of California) ruled on June 22 that California’s Proposition 65 warning requirement for glyphosate violates the First Amendment of the United States Constitution. (See National Association of Wheat Growers et. al. v. Xavier Becerra, case number 2:17-cv-02401.)