At the beginning of 2016, the State of California (OEHHA) adopted a new regulation to give itself authority to create and operate a website to provide information about the Prop 65 labels the public sees on everyday products and in everyday locations such as restaurants, gas stations and airports. New section 25205 allows OEHHA to post information about pathways of exposure to chemicals in products and strategies to avoid exposure, while also providing a disclaimer that OEHHA cannot assure the accuracy of anything it posts. It creates a petition process for manufacturers, sellers and the public to seek correction of misinformation posted by the State.
On Friday, April 1, 2016, the website went live. See https://p65warnings.ca.gov/
The first set of chemicals and products included in this initial website are:
- Chlorinated Tris
- Chlorinated Tris in Furniture Products
- Formaldehyde in Furniture Products
- Mercury and Mercury Compounds
- Mercury in Dental Amalgam Fillings
- Nitrous Oxide Use in Dental Care
We expect that within the next 90 days, OEHHA will begin to request additional information on these chemicals and products, as well as others not on this initial list, from manufacturers and sellers who have provided a Prop 65 label on their products. Among the data that OEHHA can request is concentrations of chemicals in components, anticipated routes of exposure, estimated levels of exposure and testing and analysis in the manufacturer’s possession.
This marks a new era for Prop 65. This website will be a new playground for plaintiffs and defense counsel alike. And so the games begin.