Prop 65 Warnings Intended For Small Spaces But Used On Luggage? California Proposes Limits
California proposes limiting short-form Prop 65 warnings to products with 5 inches or less of labeling space, while prohibiting their use in online and catalog warnings. The number of products with the warnings, used even on vacuum cleaners, luggage and guitars, has made tracking them impossible.
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California’s proposal to amend ‘Clear and Reasonable’ safe harbor warnings will be costly for companies and confusing to consumers, and the one-year phase-in for changes to Prop 65 warnings is “unrealistic,” says consumer product and environmental regulation lawyer Dennis Raglin.
California may move to limit when Prop 65 stakeholders can use short-form warnings on products instead of longer-form warnings because firms are opting for the shorter warnings at an unexpected rate. Manufacturers may be leaning on the short-form too much for the state's taste and to the surprise of food and drug lawyers.
Companies have had two years to prepare for new warning requirements under California’s Prop 65, which go live at the end of August. Attorneys say new warning responsibilities in e-commerce settings are among changes most likely to imperil businesses (and enable bounty hunters).