Patrick Veasy on Consumer Product Companies

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

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

3/8/2024 / Arsenic , California , Cancer , Consumer Product Companies , Distributors , Food Labeling , Food Manufacturers , Lead , Manufacturers , Notice of Violation , Oil & Gas , Personal Care Products , PFAS , Plastics , Product Labels , Proposition 65 , Retailers , Suppliers , Toxic Chemicals , Toxic Exposure , Warning Labels

Surprising Surge in Sauces Tops Prop. 65 Food Notices in Third Quarter 2023

Proposition 65: Quarterly Highlights (October 2023) - Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes Notices filed in the third quarter of 2023. Citizen plaintiff groups filed one...more

11/15/2023 / Consumer Product Companies , Cosmetics , Dietary Supplements , Food Manufacturers , Manufacturers , Metals , OEHHA , PFAS , Product Labels , Proposition 65 , Seafood , Toxic Chemicals , Toxic Exposure , Warning Labels

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

8/7/2023 / BPA , Cancer , Consumer Product Companies , Cosmetics , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Product Labels , Proposition 65 , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Quarterly Notice – Third Quarter 2022: Citizen Plaintiff Groups Continue to Pursue Seafood, Ceramics, and Personal...

Last quarter, citizen plaintiff groups issued nine hundred twenty-seven (927) total Notices of Violation (“Notices”), which was over one hundred fifty (150) more than the second quarter of 2022. As reported in Downey Brand’s...more

11/28/2022 / Consumer Product Companies , Food Labeling , Food Manufacturers , Food Safety , Manufacturers , Notice of Violation , Personal Care Products , Product Labels , Proposition 65 , Seafood , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – March 2022: Paper Straws and Food Claims Galore

In March 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued hovered just above two hundred (200) claims in total. Notably, new claims regarding alleged...more

4/28/2022 / Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Manufacturers , Notice of Violation , Personal Care Products , Product Labels , Proposition 65 , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – February 2022: Cassava Flour and Chips, Hot Cocoa, Ceramics and Glassware, Boots and Shoes,...

In February 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued was approximately two hundred (200) in total. Food and nutritional supplement claims were...more

4/28/2022 / Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Manufacturers , Notice of Violation , Personal Care Products , Product Labels , Proposition 65 , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a...

As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more

3/2/2022 / BPA , Cancer , Consumer Product Companies , Cosmetics , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Product Labels , Proposition 65 , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

3/1/2022 / Asbestos , BPA , Cancer , Cannabidiol (CBD) oil , Cannabis Products , Carbon Monoxide Exposure , Consumer Product Companies , Cosmetics , Dietary Supplements , Distributors , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Plastics , Product Labels , Proposition 65 , Retailers , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – October 2021: Wildlife & Duck Calls, Socks, Spices, Fruits & Vegetables, and Pasta

In October 2021, citizen plaintiff groups issued more than two hundred fifty (250) new Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged...more

11/16/2021 / BPA , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – September 2021: Fenugreek, Psyllium Husk Powder, Beet Powder, Stuffed Grape Leaves, Ceramics...

In September 2021, citizen plaintiff groups issued two hundred fifty (250) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged “violators”...more

10/29/2021 / Consumer Product Companies , Cosmetics , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – August 2021: Plastic Consumer Products and Components, Tortilla Chips, Banana Chips, Almond...

Last month, citizen plaintiff groups issued over three hundred thirty-five (335) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”). Alleged phthalates in plastic consumer products and components made up the largest...more

9/14/2021 / BPA , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – July 2021: Protein Powders, Tea, Molasses, Hand Sanitizer, Sunscreen, CBD Oil, Receipt...

July 2021 was a noteworthy month for newly initiated Proposition 65 (“Prop. 65”) claims as reflected in 60-day Notices of Violation (“Notices”). While last month’s total number of Notices (two hundred forty-eight (248)) was...more

8/2/2021 / BPA , Cannabidiol (CBD) oil , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – June 2021: Peppermint Extract, Salted Plums/Saladitos, Canned Fruits, Seaweed & Seafood,...

In June 2021, Proposition 65 (“Prop. 65”) citizen plaintiff groups were active once again, and sent over three hundred (300) total Notices. Once again, a large part of this activity related to allegations regarding food...more

7/15/2021 / Asbestos , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – May 2021: Notice Activity Rebounds; Plaintiff Groups Target Tools that Generate Wood Dust,...

In May 2021, Proposition 65 (“Prop. 65”) citizen plaintiff groups were active once again. More specifically, plaintiff groups filed two hundred ninety-eight (298) Prop. 65 Notices of Violation (“Notices”), which was nearly...more

6/24/2021 / Asbestos , BPA , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – April 2021: Overall Declines in the Number of Food Notices for Acrylamide and Heavy Metals,...

In April, much to the relief of food and consumer products industries, Proposition 65 (“Prop. 65”) citizen plaintiff groups sent roughly half of the number of 60-Day Notices of Violation (“Notices”) that they sent in prior...more

5/13/2021 / Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Manufacturers , Notice of Violation , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Toxic Chemicals , Toxic Exposure , Warning Labels

Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) released a Notice of Intent (NOI) to list perfluorooctanoic acid (PFOA) as a carcinogen under Proposition 65 via the Authoritative...more

4/21/2021 / Comment Period , Consumer Product Companies , Manufacturers , Notice of Intent , OEHHA , PFAS , Proposition 65 , Public Comment , Toxic Chemicals , Toxic Exposure , Warning Labels

Proposition 65 Notices of the Month – March 2021: Plastic Consumer Products, Fruits & Vegetables, New Chemical Pulegone in...

In March, Proposition 65 (“Prop. 65”) citizen plaintiff groups once again sent just over three hundred (300) total 60-Day Notices of Violation (“Notices”). Plaintiff groups issued the most amount of Notices for phthalates in...more

4/14/2021 / BPA , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Notice of Violation , Plastics , Producers , Product Labels , Proposition 65 , Seafood , Suppliers , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic...

In February, Proposition 65 (“Prop. 65”) plaintiff groups issued, per normal, just around three hundred (300) total 60-Day Notices of Violation (“Notices”)—two hundred and ninety-six (296) Notices to be exact—and some of...more

3/15/2021 / BPA , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Notice of Violation , Plastics , Product Labels , Proposition 65 , Retailers , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – January 2021: Duck Callers, Duck (To Eat), More Seafood, Fruits & Vegetables, and Plastic...

Two thousand twenty-one is off to a roaring start in California’s Proposition 65 (“Prop. 65”) world. Prop. 65 plaintiff groups issued two hundred thirty-seven (237) total 60-Day Notices of Violation (“Notices”), with a number...more

2/12/2021 / Arsenic , BPA , Cancer , Carbon Monoxide Exposure , Consumer Product Companies , Dietary Supplements , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Plastics , Product Labels , Proposition 65 , Retailers , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – 2020 Prop. 65 Roundup: Over 3,500 Notices Sent Alleging Warning Labels Required for Hundreds...

Twenty-twenty was an unprecedented year of crisis throughout the world with the onset of the COVID-19 pandemic. Stay-at-home orders, quarantines, remote work, and Zoom-school did not slowdown Proposition 65 plaintiffs,...more

1/28/2021 / Arsenic , BPA , Carbon Monoxide Exposure , Consumer Product Companies , Distributors , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Mercury , Metals , Notice of Violation , Personal Care Products , Plastics , Product Labels , Proposition 65 , Retailers , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – Nov. 2020: Pretzels, Molasses, Sunflower Seeds, Shampoos, Leather Gloves & Fishing Weights –...

In November 2020, Proposition 65 (“Prop. 65”) plaintiff groups issued three hundred and fourteen (314) Prop. 65 60-Day Notices of Violation (“Notices”). In these Notices, plaintiff groups allege that chemicals in foods and...more

12/1/2020 / Arsenic , Cancer , Consumer Product Companies , Distributors , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Metals , Notice of Violation , Personal Care Products , Plastics , Product Labels , Proposition 65 , Retailers , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – Oct. 2020: Lead in Food, Diethanolamine in Personal Care Products, Formaldehyde in Bed Sheet...

October 2020 Proposition 65 (“Prop. 65”) claims were, once again, varied and abundant with respect to food and consumer product allegations. Plaintiff groups issued three hundred and thirty-three (333) total Prop. 65 60-Day...more

11/13/2020 / Arsenic , BPA , Cancer , Consumer Product Companies , Dietary Supplements , Distributors , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Notice of Violation , Personal Care Products , Plastics , Proposition 65 , Retailers , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Proposition 65 Notices of the Month – Sept. 2020: Hundreds of Notices Allege Acrylamide in Snack Foods and Phthalates in Plastic...

September 2020 Proposition 65 (“Prop. 65”) claims were, for the most part, “oldies but goodies.” Plaintiff groups issued three hundred and forty (340) total Prop. 65 60-Day Notices of Violation (“Notices), over two hundred...more

11/12/2020 / Arsenic , BPA , Cancer , Consumer Product Companies , Food Labeling , Food Manufacturers , Food Safety , Lead , Manufacturers , Notice of Violation , Personal Care Products , Plastics , Product Labels , Proposition 65 , Retailers , Seafood , Suppliers , Supply Chain , Toxic Chemicals , Warning Labels

Patrick Veasy

Downey Brand LLP

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