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Warning! Technical Challenges of Compliance with the New Proposition 65 Regulations

Compliance with California's Prop 65 regulations have become even more complicated since the new Clear and Reasonable Warning labeling rules took effect on August 30, 2018. These changes are a definite game changer. With this legal imperative, companies selling products in California may need to consider specific and proactive compliance strategies to address the various implications of the rule. In particular, the new warning labels will be required to list at least one chemical that prompted the warning, along with its associated health effects. 

Product Number: 51219-212-SG
Author: Kim R. Reid, Ari Lewis, Rosemary Mattuck, Michael Peterson
Publication Date: 2019
Industry: Coatings
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Compliance with California's Prop 65 regulations have become even more complicated since the new Clear and Reasonable Warning labeling rules took effect on August 30, 2018. These changes are a definite game changer. With this legal imperative, companies selling products in California may need to consider specific and proactive compliance strategies to address the various implications of the rule. In particular, the new warning labels will be required to list at least one chemical that prompted the warning, along with its associated health effects. Additionally, compliance with the rules may pose some significant technical challenges for companies. Some of the more significant issues relate to identifying and testing for chemicals in products for relevant routes of exposure for both workers and consumers, quantifying exposure under many different scenarios, and developing specific Safe Harbor Levels for Prop 65-listed chemicals that do not currently have them established. This presentation will provide a brief overview of the recent Prop 65 changes and will explore some of the legal consequences associated with noncompliance. We will also present some critical technical considerations and strategies involved in ensuring compliance with Prop 65. Methodologies for designing a robust analytical testing program as well as technical approaches for toxicological and exposure evaluations will be presented, along with several focused case examples.

Compliance with California's Prop 65 regulations have become even more complicated since the new Clear and Reasonable Warning labeling rules took effect on August 30, 2018. These changes are a definite game changer. With this legal imperative, companies selling products in California may need to consider specific and proactive compliance strategies to address the various implications of the rule. In particular, the new warning labels will be required to list at least one chemical that prompted the warning, along with its associated health effects. Additionally, compliance with the rules may pose some significant technical challenges for companies. Some of the more significant issues relate to identifying and testing for chemicals in products for relevant routes of exposure for both workers and consumers, quantifying exposure under many different scenarios, and developing specific Safe Harbor Levels for Prop 65-listed chemicals that do not currently have them established. This presentation will provide a brief overview of the recent Prop 65 changes and will explore some of the legal consequences associated with noncompliance. We will also present some critical technical considerations and strategies involved in ensuring compliance with Prop 65. Methodologies for designing a robust analytical testing program as well as technical approaches for toxicological and exposure evaluations will be presented, along with several focused case examples.

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