AD Nauseam: Negative Options – From Wine, to Cookies, to Gyms – Everything You Need to Know
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more
Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more
California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...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
On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more
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
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
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
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
The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted amendments to California Code of Regulations, section 25600.2 – the section titled “Responsibility to Provide Consumer Product Exposure...more
New year, same notices! Prop. 65 filings have not slowed down, and predictably, the same chemicals are being targeted by noticing parties. In my survey of notices filed between December 15, 2019 and the present date, there...more