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Claigan Webinar Warns Firms: Prop 65 Safe Harbor Voided by Wrong Substance

Ottawa, ON -- Claigan Environmental will run two webinars on October 7, 2026, to brief manufacturers on incoming 2028 Proposition 65 warning rules that eliminate generic labels and require exact chemical identification.

Generic Prop 65 warnings lose legal validity starting in 2028

Under the new requirements, short-form warnings must name a specific substance rather than relying on the current blanket language many companies have used for years. Claigan states that identifying the correct chemical will no longer be a routine formality.

Listing the wrong substance voids safe harbor protection entirely

If a product warning cites a substance that is not actually present, or one that poses no exposure risk to the user, the safe harbor defense is nullified. This exposes companies to liability even when a warning label is present on the product.

Enforcement runs at more than 400 prosecutions per month

Claigan cited over 400 monthly Prop 65 prosecutions as evidence that the regulation carries active enforcement risk, not theoretical exposure. The firm argues that compliance teams treating Prop 65 as a low-priority checkbox face growing financial and legal exposure as the 2028 rules tighten substance-specific disclosure.

Two sessions scheduled same day to handle expected demand

Claigan scheduled duplicate one-hour webinars at 10am and 2pm on October 7, 2026, each including a Q&A segment, citing anticipated high registration volume. Session topics include the 2028 warning requirements, correct substance identification, validating warning accuracy, proving a warning is unnecessary, and updates stemming from the 2026 Omnibus revisions to Prop 65 enforcement rules.

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