As previously reported, in January 2021 California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed limits on the use of the Proposition 65 short-form version of the safe harbor warning. The short-form warning became an option in 2016 and does not require manufacturers to disclose the chemical name(s) in the warning. OEHHA sought to limit the short-form warning by proposing various changes, including limiting the circumstances under which the short-form warning can be used and requiring the name of at least one chemical per relevant toxicity endpoint. In December 2021, OEHHA modified the short-form warning proposal as a result of comments it had received. The proposed modifications broadened the circumstances under which the short-form warning could be used and provided additional warning language.

On May 20, 2022, OEHHA announced that it would allow the rulemaking on the short-form warning to lapse. Under the Administrative Procedure Act, a rulemaking must be completed within one year of the date it was first noticed to the public. This period was temporarily extended due to the COVID-19 pandemic, but OEHHA was still unable to complete the rulemaking process in the allotted time.

OEHHA has stated that it intends to restart the rulemaking process within the next several weeks. We will continue to monitor any developments.