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 of California to maintain and update a list of these chemicals on a yearly basis. The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of Prop 65, and is authorized to assess health risks posed by environmental contaminants.
Pursuant to Prop 65, companies conducting business in California must provide a clear and reasonable warning to consumers about exposures to any of the approximately 900 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.
AHPA recently published an update to its Guidance on California Proposition 65 and Hemp Products to recognize the impact of the passage of California AB 45 Industrial hemp products, which was signed into law by Governor Gavin Newsom on October 6, 2021. The AHPA document provides guidance to the hemp industry about the regulatory and liability implications of Prop 65 for hemp and hemp-derived products, including cannabidiol (CBD), sold in the State of California. Following the passage of AB 45, certain hemp-derived products are now recognized as lawful foods, dietary supplements, and cosmetics, and may now be able to utilize Prop 65’s provision for naturally occurring constituents that are Prop 65 listed chemicals, such as delta-9 tetrahydrocannabinol and β-myrcene. This provision recognizes that if a listed chemical is naturally occurring in a food, human consumption of that food does not constitute an “exposure” for the purposes of Prop 65.
Join us on January 26, 2022 (10am-12pm PT/1-3pm ET), when our expert presenters will:
- Provide an overview of the clear and reasonable warning regulation, including recent changes and amendments that impact the cannabis industry;,
- Identify the specific warning requirements placed on marketers of products sold in the State of California, and the legal ramifications for failure to comply.
Click here (firstname.lastname@example.org) to submit questions BEFORE the webinar so presenters can address YOUR ISSUES during their presentation. A Q&A session will follow the presentations to provide the speakers an opportunity to answer specific questions submitted in advance.
- Carol Monahan Cummings, Esq., Chief Counsel, Office of Environmental Health Hazard Assessment (OEHHA)
- Chris Koepsel, Esq., General Counsel, Papa & Barkley
- Will Wagner, Esq., Senior Associate, Arnold & Porter Kaye Scholer LLP
- Jane Wilson, Director of Program Development and Cannabis Committee Staff Liaison, American Herbal Products Association (AHPA)
- Presenter slides
- Presenter biographies
- AHPA Resources:
- Prop 65 for Hemp Products
- Prop 65 Guidance for Cannabis Products
- Prop 65 Guidance for Herbal Products
- Consumers’ frequently asked Prop 65 questions
- Prop 65 Insurance Coverage for the Dietary Supplements Industry
- Members: $199
- Non-Members: $399