US Amends Warning Providing Requirements under California Proposition 65

Recently, the California Office of Environmental Health Hazard Assessment (OEHHA) published a notice proposing to amend the Proposition 65 warning requirements for products sold over the internet or through a catalog. The public can submit their comments by 31 March 2020. 

Since the new regulation warnings came into effect from August 2018, OEHHA has received a number of inquiries concerning the warning requirements for internet and catalog purchases. Some businesses have questions on what products the internet or catalog warning applies to.

Therefore, OEHHA decided to provide clarification and specificity to the current warning requirements for internet and catalog sales. 

The highlight of proposed amendments is as follows:  

  • Clarify that the alternative method to provide a warning by electronic device or process is intended to apply to products purchased at the physical retail location.
  • Specify the purchases made using a mobile device application fall into “internet purchases”.
  • State that the internet or catalog warning providing requirements also apply to tailored warnings for specific products such as furniture, food, alcoholic beverages.
  • Clarify that tailored warnings for specific products are required to comply with foreign language translation requirements.

The proposed amendments also include revisions to the specific provisions of alcoholic beverages, including the warning requirements for alcoholic beverages that are sold remotely and then later delivered to consumers. The proposed regulation will help the businesses to more understand the warning methods for consumer products sold in different ways. 

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