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

Director Zeise, My company relied on OEHHA’s 2018 regulation which provided the option of a short-form warning label. OEHHA is now forcing my company to retool and reprint product labels, revise the website, update catalogs, and instruct distributors and retailers. The proposed change has not been sufficiently justified and OEHHA has not acknowledged the costs being imposed. We have the Warnings! We have complied. If someone doesn’t understand that they are directed to a long explanation online! OEHHA’s Prop 65 regulations are distinctive to the United States. The agency has created a de facto national standard. OEHHA should be more judicious in creating labeling obligations and legal exposures. So what happens when they want to change the size of the print or something else? At what point are we going to hold consumers accountable? You can’t even walk into a convenience store without being bombarded by a plethora of Prop 65 signs. This is due to the Manufacturer’s fear of not complying. At some point this just becomes “white noise”, to consumers. It is hard to understand how OEHHA could be threatening to impose unwarranted economic burdens during the COVID-19 pandemic. Let’s add more costs to our already suffering economy. Enough is enough! My company respectfully urges OEHHA to withdraw the proposed rule. Rich Barsamian