Proposition 65 – Changes That Will Impact the Cannabis Sector
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Cannabis Counsel Cast: Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning
Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more
Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years...more
The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. ...more
For decades, companies have faced lawsuits for violation of the California Safe Drinking Water and Toxic Enforcement Act, also known as “Prop 65.” Some of these actions are legitimate, while others often bear resemblance to a...more
While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In...more
(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more
Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...more
Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more
As businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new...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 polyfluorinated chemicals (“PFAS”) in their products....more
Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more
Amendments to California’s Proposition 65 have imposed specific warning requirements on hospitality businesses. A failure to comply with these requirements can result in investigations by the Attorney General, or private law...more
For those of you who are getting ready for the holidays, be aware that the Prop. 65 website is now warning consumers about potential exposures to chemicals in holiday lights. In particular, OEHHA advises that some holiday...more
Effective October 26, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) added nickel (soluble compounds) to the list of chemicals known to the state to cause reproductive toxicity for purposes of...more
Proposition 65 (often referred to as “Prop 65”) is an environmental health law enacted in California as the “Safe Drinking Water and Toxic Enforcement Act” in 1986. Despite this official title, the scope of Prop 65 regulates...more
Recent events have raised questions about the viability and utility of California’s infamous Proposition 65. The past few months have seen courts reject the listing of glyphosate as a “known” carcinogen on First Amendment...more
Introduction - The Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”)[i] is an expansive “right to know” law which requires businesses to provide warnings before exposing people to certain chemicals....more
A reminder that new Prop 65 regulations become effective the end of this month and some key changes may directly affect online on-product warnings, internet sales, catalog sales and even on-TV sales. ...more
We are seven weeks away from the California Proposition 65 amendments adopted in 2016 going into full effect, including substantial changes to the wording and format for providing warnings, new guidance on providing warnings...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
Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...more
California’s Proposition 65 applies to any product sold in California, or any location in the state. It requires that, if the product or location contains one of over 900 potentially cancer causing or reproductive toxicant...more
On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more
Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires consumer warnings for products that contain one or more of numerous listed chemicals that are known by the State of...more
Environmental and product regulations, traditionally a science-obsessed and labyrinthine area of the law dominated by experts in administrative agencies, will receive an internet-age overhaul to make them more accessible to...more