AHPA Webinar To Address How California’s Prop 65 Applies To Cannabis Products

Effective Jan. 3, 2020, the California Office of Environmental Health Hazard Assessment (OEHHA) added cannabis smoke and Δ9-tetrahydrocannabinol (Δ9-THC) to the list of chemicals known to the state to cause reproductive toxicity (developmental endpoint) for purposes of California Proposition 65 (Prop 65). The American Herbal Products Association will host a webinar to review recent CA Prop 65 developments and how other provisions of Prop 65 apply to the legal cannabis industry, including marketers of hemp-derived CBD products who are in commerce in the state of California.

At a public meeting on Dec. 11, 2019, the Developmental and Reproductive Toxicant Identification Committee (DARTIC) in its official capacity as the “state’s qualified experts” determined that cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9-THC) were shown to cause reproductive toxicity based on the developmental endpoint.

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 on a yearly basis. 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 940+ 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 will provide 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.

Sarah Esmaili, Esq., of Arnold & Porter LLP, and Carol Monahan-Cummings, Esq., of OEHHA, will cover the following topics:

• The current litigation and regulatory environment
• The status of new chemical listings and how it affects your business
• Necessary steps to take to become and maintain compliance
• Answers to your questions

The webinar will be hosted Feb. 26 from 1 p.m. to 3 p.m. ET. The cost is $199 for AHPA members and $399 for non-members.

To register for the webinar, click here.