Comment Submissions - Notice of Proposed Rulemaking: Amendments to Article 6, Clear and Reasonable Warnings Short-form Warnings

• Our company complies with OEHHA’s 2018 regulation, which provided the option of a short-form warning label. Despite OEHHA’s statement at the time that those changes were being done to “provide certainty for businesses,” the new proposal would force us to retool and reprint product labels, revise the website, update catalogs and instruct distributors and retailers as to applicable changes. • Overhauling the short-form warning requirements will not address the stated problem of “over-warning" as the current list of applicable chemicals or ingredients warrants warnings on almost any product in the marketplace. Changing the short form requirements will instead just create more confusion, more litigation and impose more costs on businesses. • The proposed change has not been sufficiently justified and OEHHA has not acknowledged the significant costs being imposed to businesses. • OEHHA is creating more exposure to frivolous claims by private enforcers (commonly referred to as bounty hunters) about Prop 65 labeling. These bounty hunters frequently file illegitimate claims, yet companies are forced to settle rather than challenge these claims due to the inordinate legal costs and time commitment associated with going to court. • This proposal creates significant instability in an already unstable business and supply chain environment due to the COVID-19 pandemic. • We respectfully urge OEHHA to withdraw the proposed rule.