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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
On January 3, 2025, vinyl acetate was added to the Prop 65 list as a carcinogen. Vinyl acetate is a synthetic chemical, and a colorless liquid with a sweet, fruity smell. In its Evidence on the Carcinogenicity of Vinyl...more
A lot is going on in the extended producer responsibility (“EPR”) packaging world this month. Maryland and Washington became the sixth and seventh states respectively to enact EPR packaging laws. And this week, just a...more
The California Office of Environmental Health Hazard Assessment (OEHHA) recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions...more
Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....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
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has revised the regulations on “Safe Harbor” warning language effective January 1, 2025. While a business is not required to use these Safe Harbor...more
Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more
Proposition 65 warnings are now required for products containing BPS sold in California. BPS is one of several organic compounds known as bisphenols, which are chemical substances used in the production of plastics....more
The California Office of Environmental Health Hazard Assessment recently added vinyl acetate to the Proposition 65 list of carcinogens. Our Environment, Land Use & Natural Resources Group discusses what companies need to...more
California's Proposition 65 regulations are changing January 1, 2025. Proposition 65, enacted in November 1986, requires companies to provide clear and reasonable warnings to California consumers regarding exposures to...more
California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure...more
California amends Prop 65 short-form warnings. California’s Office of Environmental Health Hazard Assessment has announced long-expected new amendments to its Prop 65 short-form warning requirements. ...more
The California Office of Environmental Health Hazard Assessment recently approved an amendment to the so-called “short-form” safe harbor warnings under the state’s Proposition 65 law. The changes will alter the regulations...more
On December 6, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice stating that the Office of Administrative Law (OAL) approved changes to the Proposition 65 (Prop 65) Article 6...more
California’s proposed amendments to the Proposition 65 short-form warning requirements have been approved and are set to take effect on January 1, 2025. Businesses that use the current version of the short-form warning will...more
Our Environment, Land Use & Natural Resources Group discusses the California Office of Environmental Health Hazard Assessment’s addition of bisphenol S (BPS) to the Proposition 65 list of reproductive toxicants....more