Today, the U.S. Environmental Protection Agency (USEPA) announced the final National Primary Drinking Water Regulation establishing the first national legally enforceable drinking water standards (Maximum Contaminant Levels...more
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
Last week, the U.S. Environmental Protection Agency (EPA) issued two new proposed rules, which further expand EPA’s regulatory oversight of per- and polyfluoroalkyl substances (PFAS). The first rule would modify the...more
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
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
After two years, late last week the Office of Environmental Health Hazard Assessment (OEHHA) released its Second Public Review Draft of proposed public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane...more
Last week, the U.S. Environmental Protection Agency (USEPA) announced a proposed rulemaking that would establish legally enforceable federal primary Maximum Contaminant Levels (“MCLs”) for six per- and polyfluoroalkyl...more
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
Late last week, the U.S. Environmental Protection Agency (U.S. EPA) moved forward to list perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) (including their salts and structural isomers) as “hazardous...more
Earlier this month, the U.S. Environmental Protection Agency (USEPA) issued new lifetime health advisories for four different types of per- and polyfluoroalkyl substances (PFAS) in drinking water. USEPA’s announcement is the...more
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
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
The State Water Resources Control Board (State Water Board) recently updated the regulated community and the public on the Board’s statewide investigation to study and sample potential sources of per- and polyfluoroalkyl...more
4/19/2022
/ Drinking Water ,
Environmental Protection Agency (EPA) ,
Investigations ,
NPDES ,
Permits ,
PFAS ,
Public Agencies ,
Public Health ,
State Water Boards ,
Toxic Chemicals ,
Wastewater
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
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
During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more
1/10/2022
/ Biden Administration ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Requirements ,
Rulemaking Process ,
Toxic Chemicals ,
Water Quality
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
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
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
Last week, the Office of Environmental Health Hazard Assessment (OEHHA) released draft public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. OEHHA’s...more
8/2/2021
/ Comment Period ,
Contamination ,
Drinking Water ,
Groundwater ,
OEHHA ,
PFAS ,
Proposition 65 ,
Public Comment ,
Public Health ,
Remediation ,
Toxic Chemicals
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
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
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
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
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