CA Prop 65: Regulatory, Compliance and Litigation Developments

CA Prop 65: Regulatory, Compliance and Litigation Developments

An overview of the clear and reasonable warning regulation, including recent changes and amendments

Published: Tuesday, July 25, 2017

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Event Details

Recorded: July 25, 2017

Duration: 2 hours

Members - $199
Non-Members - $399

Webinar recording
Presenter Slides

California’s Proposition 65 (Prop 65), officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to inform Californians about exposures to chemicals known to cause cancer, birth defects or other reproductive harm, and requires the state to maintain and update a list of these chemicals. The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the assessment of health risks posed by environmental contaminants, and is the agency tasked with implementing Prop 65.

Pursuant to Prop 65, companies conducting business in California must provide a clear and reasonable warning to consumers about exposures to any of the 920+ chemicals on OEHHA’s list, unless the exposures do not exceed established threshold levels. The warning message must be available to the consumer prior to exposure. This webinar will provide an overview of the clear and reasonable warning regulation, including recent changes and amendments.

Prop 65 disputes are primarily enforced via private litigation, which is why compliance is absolutely key to your business. This webinar provides an overview of several significant developments related to Prop 65. Companies that sell products in California should understand these recent changes and be prepared for additional changes that are in development. A solid compliance plan will help your company mitigate the risk of expensive litigation.


  • Finalized changes to California’s clear and reasonable warnings regulations and steps to be taken prior to August 30, 2018 when it becomes operative
  • The current litigation and regulatory environment
  • The status of new chemical listings
  • Necessary steps to take to become and maintain compliance


  • Carol Monahan-Cummings, Esq., Chief Counsel, Office of Environmental Health Hazard Assessment (OEHHA) 
  • Anthony J. Cortez, Esq., Shareholder, Greenberg Traurig, LLP
  • Judith M. Praitis, Esq., Partner, Sidley Austin LLP
  • Merle Zimmermann, Ph.D., Chief Information Analyst, American Herbal Products Association (AHPA)


LifeScienceRisk (LSR) is a series company of RSG Underwriting Managers, LLC. LSR specializes in underwriting and providing product liability, error and omission liability, general liability and cyber liability for life science companies engaged in discovery, development, manufacturing, distribution and promotion of products comprising pharmaceuticals, medical devices, and biotechnology, dietary supplements as well as compounds and medical devices in human clinical trials.


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