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California Clarifies Proposition 65 Safe Harbor Warning for Rental Cars


Prop 65

By Steven M. Siros

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently adopted amendments to California’s Proposition 65 regulations regarding appropriate warnings for rental vehicles. More specifically, OEHHA’s amendments add new Sections 25607.36 and 25607.37 to Article 6 that provide more specificity regarding the content of safe harbor warnings for rental vehicle exposures, and the corresponding methods for providing those warnings that are specific and appropriate for rental-car businesses.

Proposition 65 regulations currently provide guidance concerning safe harbor warning methods and content warnings for vehicle exposures. Under the vehicle exposure regulation set forth at Section 25607.16, warnings must be provided as follows:

  1. The warning is printed in the owner’s manual for the passenger vehicle or off-highway motor vehicle, in no smaller than 12-point type enclosed in a box printed or affixed to the inside or outside of the front or back cover of the manual or on the first page of the text; and
  2. The warning is provided on a label attached to the front window on the driver’s side of the passenger vehicle or off-highway motor vehicle. If the vehicle does not have a driver’s side window, the warning may be provided on a hang tag which is hung from the rear view mirror. If the vehicle does not have a driver’s side window or rear view mirror, the warning may be placed in another prominent location. The label need not be permanently affixed.

Although OEHHA continues to state that the safe harbor warning methods in Sections 25607.16 are appropriate for exposures to listed chemicals from vehicles purchased by consumers, concerns were raised that compliance with Section 25607.16 for rental vehicles could pose public safety concerns. According to OEHHA, when placed and maintained on the driver’s side window, the vehicle exposure tailored warning has the potential to flag the vehicle as a rental vehicle, which increases the risk that the vehicle may be targeted by thieves believing that the vehicles contains valuables.

The new amendments provide several options for providing rental car warnings. Consistent with the intent of the Proposition 65 regulations, the warning must be provided to the renter prior to the renter’s use of a vehicle. The warning must be prominently displayed using a font size no smaller than the largest type size used for other important consumer information but in no circumstances can the warning be printed in smaller than six point type.

The new amendments also provide car rental companies with a number of options for communicating this warning to consumer. More specifically, the warning must be provided using one or more of the following methods:

  1. A warning printed in the rental agreement or on the rental ticket jacket;A warning provided on a hang tag which is hung from the rear view mirror in the rental vehicle;
  2. A warning provided on a sign, in no smaller than 22-point type, that is posted at the counter or similar area of the rental facility where rental transactions occur, where it will be likely to be seen, read, and understood by the renter during the process of renting the vehicle;
  3. A warning provided in an electronic rental contract;
  4. A warming provided in a confirmation email that is sent to the renter’s email address; or
  5. A warning provided through a clearly marked hyperlink using the word “WARNING” on the online reservation page, or by otherwise prominently displaying the warning to the renter prior to completing the online reservation.

These amendments will become effective on October 1, 2019.