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California’s Prop 65 Short Form Warning: What Businesses Must Know

Businesses operating in California must prepare for significant changes to Proposition 65 warning requirements. The new “short form” warning, which simplifies compliance, will be fully implemented by 2028. This updated regulation aims to clarify potential chemical exposure risks for consumers.

In a recent discussion, Lisa R. Burchi, Of Counsel at Bergeson & Campbell, P.C., emphasized the urgency for companies to understand these changes. Although 2028 may seem distant, the timeline for adaptation is short, and businesses must act promptly to ensure compliance.

Understanding the Short Form Warning Requirements

The short form warning is designed to make it easier for businesses to inform consumers about potential chemical hazards. This new format replaces the longer warnings previously required under Proposition 65. The transition to the short form aims to reduce confusion while still meeting legal obligations.

Burchi explained that the history of these label changes has been complicated, with various amendments and legal interpretations over the years. Stakeholders need to be aware of the specific criteria that dictate when to use the short form warning. A comprehensive understanding will help businesses avoid unexpected penalties.

Implications of Non-Compliance

Failing to comply with the new warning requirements can lead to serious consequences. Businesses may face fines and legal actions if they do not adhere to the updated standards. Burchi highlighted that non-compliance could also damage a company’s reputation and consumer trust.

As the deadline approaches, it is crucial for businesses to evaluate their current practices and make necessary adjustments. This includes training staff on the new requirements and updating product labeling to ensure clarity and compliance with Proposition 65.

Burchi’s insights underscore the importance of proactive measures for businesses navigating the evolving regulatory landscape in California. By understanding the requirements and potential consequences, companies can better position themselves to meet the challenges ahead and continue to operate successfully in this complex environment.

In summary, the shift to the short form warning under Proposition 65 represents a significant change for businesses in California. As the full implementation date approaches, companies must prioritize compliance to avoid penalties and maintain consumer confidence.

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