The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more
On June 14, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for...more
Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more
Our Environment, Land Use & Natural Resources Group explains the updates the California Office of Environmental Health Hazard Assessment plans to make to the proposed changes to California’s Proposition 65 safe harbor warning...more
UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more
In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more
On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s (District Court) June 22, 2020, decision granting summary judgment in favor of Plaintiffs. The Ninth Circuit entered...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
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed changes to the short form warnings currently permitted by Proposition 65. These changes have the potential to greatly raise the cost of doing...more
In a momentous decision, a federal court of appeals has held that the First Amendment prohibits California from requiring businesses to provide a warning under Proposition 65 for potential exposure to glyphosate. The ruling...more
Whether Nero actually fiddled while Rome burned is historically questionable, though it was undoubtedly true that the mad emperor focused on the trivial during a time of emergency. California leaves no such room for...more
Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more
CEH Takes Legal Action Against Five Metal Plating Facilities Discharging High Levels of PFAS Chemicals into the Environment in LA County - Cision PR Newswire - LOS ANGELES, June 12, 2023 - Nonprofit organization the...more
Identifying Acrylamide Exposure Risks to Protect Residents of California - California’s Office of Environmental Health Hazard Assessment (OEHHA) announced it proposed adding a new subsection to Article 6 of Title 27 of...more
California’s Office of Health Hazard Assessment (OEHHA) issued a notice on Dec. 13th that proposes a surprising number of changes to the simple short form warning approach under Proposition 65. The proposal presents another...more
Over the past week, several new per- and polyfluoroalkyl substances (PFAS) have been added to California’s Proposition 65 list. In March 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) selected...more
Proposed Restrictions on Prop 65 Short-Form Warnings EHS Daily Advisor Changes to California’s Proposition 65 (Prop 65) short-form warning label regulations are expected soon. Once adopted, impacted industry will have one...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed an amendment to the content and conditions of use of Proposition 65 (“Prop 65”) short-form warnings. The proposal, which has not yet been adopted,...more
Yesterday, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency announced the release of a draft document for public review describing proposed Public Health Goals...more
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
It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental...more
On Friday, 16 April 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed modified language for its new regulation on the warning...more
If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a...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
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) recently took steps pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition...more