California’s consumer warning law known as Proposition 65 took center stage in 2018. Three decades after the law was passed, the state of California rewrote the regulations implementing the clear and reasonable warning requirement and promulgated a new safe harbor warning regime for food, including dietary supplements. The new regulations took effect on August 30, 2018 and are codified in the California Code of Regulations at Title 27, Section 25600 et seq. This articles examines some of the ambiguities that have arisen as food manufacturers and retailers implement the new safe harbor warning regime and highlights a pending new regulation that will make its mark in 2019.
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