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Prop 65 Roundup - March 2025

Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more

Prop 65 Roundup - January 2025

What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements - On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition...more

Prop 65 Roundup - November 2024

Controversial Prop 65 Warning Labels About Toxic Chemicals are Effective, Study Says - For nearly 40 years, a controversial California law has required companies to place warning labels on their products alerting...more

Silence Is Golden: Court of Appeal Expands Legal Protections for California Medical Staffs

Expanding on the peer review protections established in Bonni v. St. Joseph Health System, the California Court of Appeal in Dignity Health v. Mounts held that a wide array of medical staff communications regarding peer...more

Prop 65 Roundup - December 2023

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more

California Court Affirms FEHA Does Not Bar Health Care Employer’s Termination for Failure to Comply with Mandatory Vaccine Policy

California health care employers that apply mandatory vaccination policies objectively can take great comfort in a recent California Court of Appeal decision. In Hodges v. Cedars-Sinai Medical Center, the court found...more

Court of Appeal Publishes Peer Review Decision Expanding Anti-SLAPP Protections for Medical Staffs and Hospitals

In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory...more

Medical Residents Have Employee Rights Under Recent California Court of Appeal Decision

In Khoiny v. Dignity Health, the California Court of Appeal held that hospital residency programs are primarily employment programs and medical residents are primarily employees. Therefore, courts should not give special...more

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings - The National Law Review - On April 5, 2022, the California Office of Environmental Health Hazard Assessment...more

California Court of Appeal Confirms McDonnell-Douglas Burden Shifting Applies to Section 1278.5 Whistleblower Retaliation Claims

In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5....more

Ninth Circuit Blocks New Acrylamide Warning Lawsuits Under Proposition 65

As we previously reported, in 2019, the California Chamber of Commerce filed suit against the State of California in federal district court, requesting that the State and private enforcers be enjoined from requiring...more

Identifying Acrylamide Exposure Risks to Protect Residents of California

Identifying Acrylamide Exposure Risks to Protect Residents of California - California’s Office of Environmental Health Hazard Assessment (OEHHA) announced it proposed adding a new subsection to Article 6 of Title 27 of...more

Proposed Restrictions on Prop 65 Short-Form Warnings

Proposed Restrictions on Prop 65 Short-Form Warnings EHS Daily Advisor Changes to California’s Proposition 65 (Prop 65) short-form warning label regulations are expected soon. Once adopted, impacted industry will have one...more

The New and Improved Prop 65? Maybe, Maybe Not

Have you shopped for jewelry, cosmetics, furniture, or exercise equipment recently? If so, you have most likely come across a Proposition 65 warning sticker. If you are unsure of whether the warning label should keep you from...more

Update to Prop 65 Concerns Related to Roasted Nuts

Update to Prop 65 Concerns Related to Roasted Nuts AGNet West - AGNet West published an update regarding acrylamide limits for nut products under Prop 65 rules, along with an AGNET West Radio Network report. ...more

Alert Newsletter: Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses

Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses - Legal Newsline - A California federal court has refused to throw out a lawsuit that challenges the state’s...more

California: No Right to Jury in Unfair Competition, False Advertising Cases

Confirming decades of established precedent, the California Supreme Court recently concluded in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, that there is no right to a jury trial in Unfair...more

Alert Newsletter: Prop 65 Violation Notices Jumped in California as COVID-19 Shutdowns Began

Prop 65 Violation Notices Jumped in California as COVID-19 Shutdowns Began - ChemicalWatch - The number of violation notices filed under California’s Proposition 65 jumped earlier this year, as much of the state began...more

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