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
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
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
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
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
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
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
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
California Proposition 65: Trends and Highlights in April 2020 -
As COVID-19, shelter-in-place orders and California Court closures continued into April, new Proposition 65 (“Prop. 65”) claims were plentiful and creative,...more
5/15/2020
/ Baby Products ,
Coronavirus/COVID-19 ,
Court Closures ,
Dietary Supplements ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Lead ,
Proposition 65 ,
Retailers ,
Seafood ,
Toxic Chemicals ,
Warning Labels
COVID-19, shelter-in-place orders and California court closures did not slow Proposition 65 plaintiff groups down in March. Plaintiff groups sent more Proposition 65 (“Prop. 65”) Notices of Violations (“Notices”) in March...more
4/21/2020
/ Arsenic ,
Carbon Monoxide Exposure ,
Coronavirus/COVID-19 ,
Court Closures ,
Dietary Supplements ,
Food Labeling ,
Lead ,
Manufacturers ,
Mercury ,
Notice of Violation ,
Proposition 65 ,
Retailers ,
Shelter-In-Place ,
Toxic Chemicals ,
Warning Labels
California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 – or “Prop. 65” – requires “clear and reasonable warnings” on consumer products (including foods) sold in California if use...more
3/18/2020
/ Arsenic ,
Dietary Supplements ,
Distributors ,
Food Labeling ,
Food Manufacturers ,
Lead ,
Manufacturers ,
Proposition 65 ,
Retailers ,
Seafood ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 – or “Prop. 65” – requires “clear and reasonable warnings” on consumer products (including foods) sold in California if use...more
2/18/2020
/ Arsenic ,
Distributors ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Lead ,
Manufacturers ,
Notice of Violation ,
Plastics ,
Proposition 65 ,
Retailers ,
Seafood ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 – or “Prop. 65” – requires “clear and reasonable warnings” on consumer products sold in California if use of the products...more
1/20/2020
/ Baby Products ,
Distributors ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Manufacturers ,
Product Labels ,
Proposition 65 ,
Retailers ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
Last month, the Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to clarify Proposition 65 reproductive toxicity sampling requirements for food products. California’s Proposition 65, also known as...more
11/5/2018
/ Comment Period ,
Enforcement Actions ,
Food Manufacturers ,
Health and Safety ,
New Regulations ,
OEHHA ,
Proposed Amendments ,
Proposition 65 ,
Public Comment ,
Retailers ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
There have been several major developments in the Proposition 65 world this summer. Below we summarize these latest developments in more detail. They include: (1) the California Court of Appeal, First Appellate District...more
9/7/2018
/ Appeals ,
Beverage Manufacturers ,
Environmental Litigation ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Jury Trial ,
New Regulations ,
OEHHA ,
Office of Administrative Law ,
Proposition 65 ,
Retailers ,
Toxic Chemicals ,
Warning Labels
On June 15, 2018, the Office of Environmental Health Hazard Assessment (OEHHA) proposed a new regulation to help clarify that Proposition 65 cancer warnings are not required for coffee products. OEHHA’s proposed action is...more
For the past eight years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California...more
February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more
3/15/2018
/ Appeals ,
Cancer ,
Environmental Protection Agency (EPA) ,
Farm Workers ,
First Amendment ,
Food Manufacturers ,
Lead ,
Misleading Impressions ,
Monsanto ,
OEHHA ,
Opt-In ,
Pesticides ,
Preliminary Injunctions ,
Proposition 65 ,
Retailers ,
Settlement Agreements ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more
1/19/2018
/ 7-Eleven ,
Auction ,
Beverage Manufacturers ,
Civil Monetary Penalty ,
Distributors ,
Exemptions ,
Grocery Stores ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Retailers ,
Settlement Agreements ,
Starbucks ,
Toxic Chemicals ,
Warning Labels