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California recently amended its Proposition 65 regulations to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat...more
California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California...more
On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65...more
Proposition 65 is the California law that requires warning labels on products sold to California customers that potentially expose users to certain chemicals which may cause a risk of cancer or reproductive harm. ...more
FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled - On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which...more
Updated Proposition 65 warning requirements for cannabis products came into effect on January 3, 2021. As of that date, anyone offering for sale cannabis products in California—including hemp-derived CBD products—must provide...more
California apartment and other residential rental property landlords and their agents (e.g., property managers) with more than 10 employees need to comply with the State’s Safe Drinking Water and Toxic Enforcement Act (“Prop...more
On June 3, 2019, the California Office of Administrative Law (OAL) announced that it had approved a regulation proposed by the Office of Environmental Health Hazard Assessment (OEHHA) that would exempt businesses from having...more
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
It has been over six weeks since the new changes to California’s Proposition 65 (“Prop 65”) took effect. This update summarizes my review of the recent 60-day Notices of Violation. The Plaintiff’s bar is out with a vengeance,...more
It has now been over a week since the changes to Prop. 65 took effect on August 30th! A review of notices of violations filed in the past week, indicate a trend toward food products and consumer household goods. For example,...more
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
New Proposition 65 regulations take effect on August 30, 2018. We invite you to take a deeper dive into what the Proposition 65 changes mean for your outdoor recreation company and learn what you can do to implement and...more
Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018. Prop. 65 is a so-called right-to-know statute that,...more
Proposition 65 (often referred to as “Prop 65”) was enacted in California in 1986 as the “Safe Drinking Water and Toxic Enforcement Act.” Despite this official title, the scope of Prop 65 regulates far more than just water...more
The new “Safe Harbor” warning regulations for Proposition 65 (“Prop 65”) go into effect on August 30, 2018. As of that date, the 2008 warning regulations will no longer be available as a safe harbor compliance option. This...more
Retailers and manufacturers should take steps now to ensure they are compliant with the new California Proposition 65 warning regulations that take effect on August 30, 2018. Proposition 65 prohibits retailers and...more
Now is the time to update your Proposition 65 warnings in California. On August 30, 2018, new regulations go into effect changing the warnings required for the food and beverage industries. Amendments to California’s...more
On August 30, 2018, the new Proposition 65 warning regulations go into effect, including new exposure warning requirements for hotels and other lodging establishments. California’s Proposition 65, also known as the Safe...more
If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more
Chicago Partners Susan Brice and Thor Ketzback, along with San Francisco Associates Merrit Jones and Thomas Lee, presented on "Toxic" Tort Food Litigation: The Truth Behind the Headline, May 4, via a live presentation in our...more
Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, among other things requires businesses employing ten or more people to warn consumers if the business’ products contain a chemical...more
Come August 30, 2018, consumer products to be released into the California marketplace must meet new regulations under California’s infamous Proposition 65. On August 30, 2016, the California Office of Administrative Law...more
The California Office of Environmental Health Hazard Assessment (“OEHHA”) has adopted new regulations that require businesses that make or use chemicals listed under Proposition 65 to provide certain information about the...more