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Memo Details California Proposition 65 Safe Harbor Warning Changes

Friday, June 1, 2018

(North American Meat Institute)

The law firm Dentons drafted a memo reminding members that new guidance on clear and reasonable warnings for California Proposition 65 chemical exposures becomes effective August 30, 2018. The memo explains changes to the "safe harbor" warning language applicable to foods that courts must accept for exposures to carcinogens. Language for the state-approved facility warnings also will change on August 30 for members with facilities in California that provide a Proposition 65 warning. Warnings must be "set off" from other information, be in a box, avoid font size that is too small and be in a foreign language if certain other foreign language warnings or instructions are on the labeling. The new regulations also address manufacturer - retailer communications and responsibilities regarding product warnings.

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