The opinion piece published in The Recorder on November 20 (“The New Reality of PFAS Liability in California“), written by Jeffrey Dinzer and Nathaniel Johnson, contained a number of inaccuracies and left out some important information that the California Office of Environmental Health Hazard Assessment (OEHHA ) believes the business community should be aware of when considering this “new reality.”

To be clear, PFOA and PFOS are the only PFAS chemicals currently on California’s Proposition 65 list. The listings occurred in November 2017 following an open and public process. There is statutory one-year grace period following a listing to allow businesses to determine whether they need to provide a warning for exposures they cause to a listed chemical. The warning requirement for exposures to PFOA and PFOS took effect in November 2018.