Prop. 65 Public Hearing Thursday March 11. Public Comment Period Extended

NAMM is preparing a response to the proposed changes in Prop 65's short-form warning which would alter the warning language to require of at least one listed chemical in the product being sold and allow the warning only on product labels of five square inches or less. These changes, in the opinion of many, would impose an unnecessary burden on product manufacturers and retailers and quite possibly encourage more private enforcement litigation. Current rules permit a generic disclosure of potential consumer exposure to listed chemicals and do not limit the size of the product label which contains the warning.

The specific warning is not specifically mandated by Prop 65 but using the warning contained in the OEHHA regulations provides a seller with a "safe harbor" against potentially costly lawsuits.

OEHHA has scheduled a public hearing on March 11, 2021, at 10:00 a.m. Information concerning how to participate in the hearing is posted below. The public comment period for this regulatory action is being extended to March 29, 2021, to accommodate the hearing.

In addition to preparing its own comments, NAMM has signed on to a letter to be submitted by the California Chamber of Commerce and dozens of national and statewide associations impacted by the proposed changes.

NAMM retail and manufacturer members selling in California are encouraged to review the proposal and send in company-specific comments to https://oehha.ca.gov/comments.

OEHHA public hearing, March 11, 2021, 10:00 am. View the hearing of the webcast here.