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
In a momentous decision, a federal court of appeals has held that the First Amendment prohibits California from requiring businesses to provide a warning under Proposition 65 for potential exposure to glyphosate. The ruling...more
Whether Nero actually fiddled while Rome burned is historically questionable, though it was undoubtedly true that the mad emperor focused on the trivial during a time of emergency. California leaves no such room for...more
Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years...more
The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it will not be moving forward with the current proposal to amend Proposition 65 “short-form” warnings and that the agency will...more
The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. ...more
While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In...more
Almost a year after initially proposing revisions that would substantially curtail use of the popular “short form” warnings under Proposition 65 (see my prior blog post for more details), the California Office of...more
In the latest of a string of potentially ground-altering developments under California’s Proposition 65, a federal judge has temporarily enjoined plaintiffs from initiating new cases alleging failure to warn for foods and...more
The California Office of Environmental Health Hazard Assessment (OEHHA) yesterday released its explanation for withdrawing proposed “clarifications” to the Proposition 65 regulations governing internet sales. Last January,...more
A popular option for satisfying Proposition 65 warning requirements, the so-called “short-form” warning, is likely to be significantly curtailed in light of a January 8th proposal from the California Office of Environmental...more
With so much great content from Monday’s annual Prop 65 Clearinghouse Conference, here is a follow up post highlighting some of the compliance tips shared by panelists:
• Compliance Tip #1: TEST your products … but how much...more
(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed regulations to limit the rash of Proposition 65 actions alleging failure to provide a warning for exposure to acrylamide in food items as a...more
On January 31st, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments aimed at clarifying certain provisions of the Proposition 65 warning regulations governing internet, electronic, and...more
On January 14, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a final rule aimed at clarifying the regulations governing retailer and supply chain responsibility for providing warnings under...more
The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8...more
Coffee drinkers of the world rejoice! California’s Office of Administrative Law (OAL) has signed off on a proposed rule that exempts coffee from the need to bear a cancer warning under Proposition 65 with every cup sold....more
Newly proposed legislation in New York, announced by Gov. Andrew Cuomo during the release of his Executive Budget late last month, would look an awful lot like California’s “Proposition 65” program … but, presumably, with...more
The California Office of Environmental Health Hazard Assessment (OEHHA), which oversees the state’s Proposition 65 program, is on the verge of finalizing an exemption from warning requirements for chemicals, such as...more
Only a few months after new provisions went into effect (on August 30th), California’s Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the rules governing retailer and supply chain...more
With the biggest sales day of the year shortly upon us, a new wave of on-line shopping Americans likely will see Proposition 65 warning notices for the first time. Though California’s notorious program technically only...more
Recent events have raised questions about the viability and utility of California’s infamous Proposition 65. The past few months have seen courts reject the listing of glyphosate as a “known” carcinogen on First Amendment...more
Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2018 Conference …. the largest annual assemblage dedicated to the cottage industry that is California’s “Proposition 65.”...more
Today, August 30, 2018 … marks the date that the 2016 amendments to the warning requirements of California Proposition 65 go into full effect. This brings to a close the two year phase-in period for the new “safe harbor”...more