Upcoming Changes to Proposition 65 Warning Labels

The California Office of Environmental Health Hazard Assessment (OEHHA) is finalizing amendments to Proposition 65’s “short-form” safe harbor warnings. Here are some key updates that will be included:

  • On June 13, 2024, OEHHA released a 15-Day public comment period (expired June 28) Notice of Modification to proposed changes.
  • The new regulations, if adopted, will require naming at least one chemical for each type of exposure.
  • Alternative warning phrases like “CA WARNING” or “CALIFORNIA WARNING” will be allowed.
  • Specific warnings will be required for food, internet, catalog sales, automotive parts, and recreational marine vessels.
  • Font size requirements have been adjusted to accommodate small packages.
  • There is a three-year transition period for compliance.

These changes aim to improve the clarity and effectiveness of Proposition 65 warnings.

Learn More: The National Law Review

PFAS Regulations and Law Increase Compliance Challenges

The first half of 2024 saw many new laws and rules targeting per- and poly-fluoroalkyl substances (PFAS), making compliance more challenging for companies.
Important changes include:

  • The EPA set new limits for six PFAS chemicals in drinking water and labeled
    PFOA and PFOS as hazardous substances, helping cleanup efforts.
  • U.S. manufacturers stopped using PFAS in food packaging.
  • New reporting rules were introduced for companies handling PFAS since 2011.
  • States like Maine and Minnesota banned PFAS in various products (cleaning, cookware, cosmetics, dental floss, juvenile products, menstruation products, textiles, ski wax, upholstered furniture)
  • California is developing new enforcement models.
  • Significant settlements and challenges to EPA rules occurred in court.
  • Internationally, the EU is moving toward stricter PFAS regulations.

Companies need to be proactive and stay informed to handle these changes effectively.

Learn More: Bakerbotts

New York Enacts Comprehensive Lithium-Ion Battery Safety Laws

New York Governor Kathy Hochul signed a legislative package to enhance lithium-ion battery safety. The new laws, effective in 90 days from July 11th, 2024, mandate manufacturers to adhere to safety standards validated by ISO 17025, 17065, or OSHA-approved testing laboratories and certification bodies. Additional legislation requires retailers to provide safety manuals, mandates first-responder training for lithium-ion battery incidents, and enforces labeling and registration requirements for micromobility devices. These measure aim to prevent battery fires and enhance public safety.

Learn More: Bicycle Retailer

Cargo Bike Safety Standard Update: EN 17860:2024

On July 14, the European Committee for Standardization (CEN) ratified or approved three parts of the seven-part series of new “cargo” bike safety standard EN 17860:2024 for Carrier Cycles. Manufacturers have relied on the German DIN 79010 standard as a tool for checking quality of these cycles, but the latest edition of the EN 17860 standard aims to address important gaps necessary for confirming compliance of these complex cycles.

In development by the CEN/TC 333/WG 9 technical working group of industry experts and manufacturer representatives worldwide, the EN 17860:2024 covers lightweight single-track bikes, multi-track bikes, heavy cargo bikes, bike trailers, and electrical aspects of these products. Parts 4 – 7 of the EN 17860 series are still under approval or enquiry while these first three parts, though not yet “published” until late March 2025, can be referenced now to help enhance safety and quality development on these products.

Learn More: ACT Lab

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