News & Analysis as of

Proposition 65 Warning Labels

Keller and Heckman LLP

September 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Hahn Loeser & Parks LLP

California’s Proposition 65: Recent 60-Day Notices Target California Restaurants

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A recent uptick in Proposition 65 notices of violation have targeted California restaurants. These notices are issued from a particular private enforcer (or bounty hunter), but such trends often prompt others to follow suit....more

Husch Blackwell LLP

Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective

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California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the...more

Keller and Heckman LLP

August 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Keller and Heckman LLP

July 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Keller and Heckman LLP

June 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

BCLP

More Changes Under Consideration For Prop. 65 Short-Form Warnings

BCLP on

The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more

Farella Braun + Martel LLP

The looming BPS warning deadline, Chris Rendall-Jackson

On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Proposes Additional Changes to “Short-Form” Warning Option

On June 14, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for...more

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more

ArentFox Schiff

What Could Be Next for the Proposition 65 Short-Form Warnings

ArentFox Schiff on

For the past three years, the California Office of Environmental Health Hazard Assessment (OEHHA), the agency governing Proposition 65, has issued several proposed amendments to the Proposition 65 short-form warnings....more

Bergeson & Campbell, P.C.

California Court Grants Injunction to Stop Prop 65 Warnings for Titanium Dioxide in Cosmetic and Personal Care Products

On June 12, 2024, the U.S. District Court for the Eastern District of California (District Court) issued an Order granting a preliminary injunction brought by the Personal Care Products Council (PCPC), which alleged that the...more

Alston & Bird

California Modifies Proposed Amendments to Proposition 65’s Warning Requirements

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Our Environment, Land Use & Natural Resources Group explains the updates the California Office of Environmental Health Hazard Assessment plans to make to the proposed changes to California’s Proposition 65 safe harbor warning...more

Keller and Heckman LLP

May 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Perkins Coie

California Announces Modifications to Prop 65 Short-Form Warning Regulations

Perkins Coie on

In response to numerous public comments, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced on June 13, 2024, modifications to the proposed amendments to the regulations governing so-called...more

Kelley Drye & Warren LLP

California Revises Proposed Amendments to Prop 65 “Short-Form” and Internet Warnings; Extends Compliance Period

Roughly eight months have passed since California’s Office of Environmental Health Hazard Assessment (OEHHA) last proposed to amend its Prop 65 regulations on ​“short-form” and internet warnings provisions. Now, in response...more

Greenberg Glusker LLP

Will Makeup Get a Makeover?: Titanium Dioxide in Cosmetics

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UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more

Hogan Lovells

In major win for cosmetics industry, First Amendment bars new Proposition 65 lawsuits for titanium dioxide

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On June 12, 2024, the U.S. District Court for the Eastern District of California preliminarily enjoined the California Attorney General and all private enforcers of California Proposition 65 from filing new lawsuits to...more

Keller and Heckman LLP

April 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Farella Braun + Martel LLP

OEHHA’s proposed NSRL is the latest chapter in Prop 65 regulation of titanium dioxide (airborne, unbound particles of respirable...

On May 10, 2024, OEHHA issued a notice of proposed rulemaking to adopt a Proposition 65 No Significant Risk Level (NSRL) for titanium dioxide (airborne, unbound particles of respirable size).  This chemical was listed as a...more

Keller and Heckman LLP

March 2024 Bounty Hunter Plaintiff Claims

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Keller and Heckman LLP

February 2024 Bounty Hunter Plaintiff Claims

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California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more

Keller and Heckman LLP

January 2024 Bounty Hunter Plaintiff Claims

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California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

Sheppard Mullin Richter & Hampton LLP

Proposition 65: 2023 in Review

2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or...more

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