Today, August 30, 2018 … marks the date that the 2016 amendments to the warning requirements of California Proposition 65 go into full effect. This brings to a close the two year phase-in period for the new “safe harbor” warning provisions, meaning that those ubiquitous “old” warning signs are no longer considered de facto compliant … what a difference a day makes! Just yesterday, those very same signs were accepted as “clear and reasonable,” but no more (at least for products manufactured after today). Further, and perhaps of most importance, the new provisions governing retailer and supply chain liability for providing warnings now go into effect.
For more details, and analysis that attempts to wade through the swamp of Proposition 65, please see my prior blog post.