News & Analysis as of

Proposition 65 Cancer Toxic Exposure

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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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

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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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

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

MG+M The Law Firm on

California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more

ArentFox Schiff

Identifying Acrylamide Exposure Risks to Protect Residents of California

ArentFox Schiff on

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

Wiley Rein LLP

OEHHA’s Prop 65 Proposal Signals Short Life Span for Short Form Warning

Wiley Rein LLP on

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

Alston & Bird

Federal Judge Enjoins Enforcement of Prop. 65 Warning Requirements for Acrylamide in Food and Beverages

Alston & Bird on

A California district court has granted a preliminary injunction to the California Chamber of Commerce and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food. Our Environment, Land...more

Perkins Coie

California Regulators Propose Tailored Proposition 65 Warnings for Cannabis Products

Perkins Coie on

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis...more

Womble Bond Dickinson

Coffee Purveyors Win Long Brewing Prop 65 Fight

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Does your morning coffee need a warning label other than “Caution: Contents Hot”? A California judge doesn’t think so. In August, a California judge ended a decade long lawsuit alleging that dozens of coffee roasters and...more

ArentFox Schiff

Alert Newsletter: California Issues Prop 65 Crystalline Silica Safe Use Determination: Four Woodwise products not required to warn...

ArentFox Schiff on

Prop 65 Counsel: What To Know - California Issues Prop 65 Crystalline Silica Safe Use Determination: Four Woodwise products not required to warn for exposure - Chemical Watch - California’s Office of Environmental...more

ArentFox Schiff

Alerts Newsletter: This California Warning Might Cause Alarm – or Apathy

ArentFox Schiff on

The discussion about including the most commonly used drug in the US has once again raised questions about the value of Proposition 65 warnings to consumers. Environmental advocates say the law has compelled companies to...more

Mintz - Consumer Product Safety Viewpoints

Do You Want Fries With That?

The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern...more

Hogan Lovells

California Chamber of Commerce Challenges the Proposition 65 Acrylamide Warning for Foods

Hogan Lovells on

A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more

Cozen O'Connor

EPA versus the State of California: An Important Glyphosate Update

Cozen O'Connor on

Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and...more

Downey Brand LLP

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

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February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

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