National Law Review Article: The Grace Period for Proposition 65 Cannabis and CBD Reproductive Harm Warning Expired On January 3 – Are Your Labels Compliant?

The National Law Review writes..

New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products in California – including CBD products made with industrial hemp – are now required to warn consumers that exposure to THC is known to the state of California to cause reproductive harm. As we discussed in a prior publication, this change in the law brings a wider range of cannabis and CBD products into the scope of Proposition 65, and companies that manufacture or sell cannabis or CBD products will need to reevaluate their label warnings or risk potentially costly litigation from an aggressive plaintiffs’ bar.

California’s Safe Drinking Water and Toxic Enforcement Act of 1986, known commonly as “Prop 65,” is a state law that requires labeling of products that contain chemicals the state has designated as being known to cause cancer, birth defects, or other reproductive harm. On January 3, 2020, the state listed both cannabis (marijuana) smoke and delta-9-tetrahydrocannabinol (THC) as reproductive toxins under Proposition 65. The one-year grace period initially offered to come into compliance with the new requirements expired on January 3, 2021.

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