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
California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning -
California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more
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
On November 7, 2023, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily...more
On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, introduced its third attempt to amend the “short form” warning provisions of this widely...more
PFAS-Containing Consumer Products Under Attack in California -
Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and...more
Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in...more
In this inaugural episode of ArentFox Schiff’s Consumer Product Industry Group’s podcast series, the Group’s co-leaders Michelle Mancino Marsh and Lynn Fiorentino discuss the potential implications of California’s latest...more
On April 5, 2022, in response to comments and opposition from companies and trade organizations over the last year, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA),...more
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
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
Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals it has determined to cause cancer, or birth defects, or other reproductive harm. Since California has the...more
Labeling Laments: Packaging and Label Regulations Are a Major Challenge to the Expanding Cannabis Industry -
East Bay Express -
When California cannabis companies prepare to go to market with a new product, they often...more
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
In this installment of Arent Fox’s Cannabis Counsel Cast, Partners Emily M. Leongini and Lynn R. Fiorentino discuss a recent proposal to require new Prop 65 warnings for cannabis products that expose consumers to THC and/or...more
On January 8, 2021, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the content and conditions for use associated with the widely-used short-form...more
Potential Impact of California’s Prop. 65 on Manufacturers, Distributors, and Sellers of Cannabis Products
In a Cannabis Counsel podcast, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of...more
In our first Cannabis Counsel Cast episode, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of California’s Prop. 65 on manufacturers, distributors, and sellers of cannabis products, particularly in...more
1/4/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Distributors ,
Hemp ,
Hemp Related Businesses ,
Manufacturers ,
Marijuana ,
Product Labels ,
Proposition 65 ,
Retailers ,
Sellers ,
Warning Labels
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
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
Prop 65 Counsel: What To Know -
California Issues Prop 65 Crystalline Silica Safe Use Determination: Four Woodwise products not required to warn for exposure -
Chemical Watch -
California’s Office of Environmental...more
3/18/2020
/ Cancer ,
Failure To Warn ,
Johnson & Johnson ,
Manufacturers ,
Mesothelioma ,
OEHHA ,
Proposition 65 ,
Retailers ,
Silica ,
THC ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more frequently referred to as Prop 65, requires businesses whose products reach California consumers to notify consumers about the presence of certain...more
3/10/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Disclosure Requirements ,
Manufacturers ,
Marijuana ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Safe Drinking Water Act ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
The discussion about including the most commonly used drug in the US has once again raised questions about the value of Proposition 65 warnings to consumers.
Environmental advocates say the law has compelled companies to...more
12/18/2019
/ Administrative Interpretation ,
Cancer ,
Cannabis Products ,
Chamber of Commerce ,
Comment Period ,
Disclosure Requirements ,
Manufacturers ,
Marijuana ,
OEHHA ,
Pesticides ,
Pregnancy ,
Product Labels ,
Proposition 65 ,
Public Meetings ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
On October 7, 2019, the California Chamber of Commerce filed suit against the State of California requesting that a federal district court enjoin the State and private enforcers from requiring Proposition 65 warnings on foods...more
10/29/2019
/ Cancer ,
Chamber of Commerce ,
Food Labeling ,
Food Manufacturers ,
OEHHA ,
Pending Litigation ,
Proposition 65 ,
Public Health ,
State Attorneys General ,
Toxic Chemicals ,
Warning Labels
With the news media covering the link between marijuana vaping, deaths, and lung conditions, California’s push to add THC to the Proposition 65 harmful chemicals list could mean financial, legal, and reputational challenges...more