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California has revised its requirements for effective “safe harbor” warning labels required for protection against Proposition 65 lawsuits. The changes to Proposition 65 regulations add specificity to the current regulations.

These new labeling requirements will apply to all products manufactured on or after August 30, 2018.

The Proposition 65 regulations are complex and more proscriptive. Liability risks are significant.

While new warnings are not required on products manufactured before August 30, 2018, bounty hunting attorneys will likely begin raising disputes after that date. ASA strongly recommends adopting new warning language as soon as practicable to avoid this potential aggravation and issues of proof regarding the date of manufacture.

Prop 65 Informational Webinar is on Our Website

To help our members better understand the Proposition 65 issue, ASA held a series of three webinars, the last of which was held on November 16.

The webinars were conducted by representatives from Norton Rose Fullbright, a globally-based law firm with extensive experience in Proposition 65.

The PowerPoint and November Prop 65 Webinar (audio only) are posted on the website. We STRONGLY encourage you to listen to this Prop 65 information session.

The Prop 65 information is available on the ASA website under the Member login – the password is AdvocateASA. You can find this information under Advocacy and Policy.

Information to Help You Manage the Proposition 65 Regulations

The Proposition 65 regulations are complex and more proscriptive. Liability risks are significant. In addition to seeking legal counsel, ASA recommends that you take the following steps:

  • Review the new Proposition 65 Guidelines which contains the new California Proposition 65 requirements. Determine which of these warnings, e.g. “on product warnings,” pertain to your products.
    • Click here for the updated Proposition 65 Overview document regarding this issue which includes more detailed information about WARNING labels. (PDF)
  • Read the Frequently Asked Questions (FAQs) created exclusively for ASA’s members by Norton Rose Fullbright, a globally-based law firm with extensive experience in Proposition 65.

Please listen to the Prop 65 webinar and read the FAQs as soon as possible. Compliance with California’s Proposition 65 is required as of August 30, 2018.