News & Analysis as of

Proposition 65 Comment Period OEHHA

BCLP

More Changes Under Consideration For Prop. 65 Short-Form Warnings

BCLP on

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

Miller Nash LLP

Proposed Prop 65 Pose Increased Litigation Risks

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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

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Modifies Proposed Changes to “Short-Form” Warnings

On December 13, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing modifications to the revisions it first proposed on January 8, 2021, to its Proposition 65 (Prop 65)...more

Downey Brand LLP

OEHHA Issues Highly Anticipated Draft Public Health Goals for PFOA and PFOS in Drinking Water

Downey Brand LLP on

Last week, the Office of Environmental Health Hazard Assessment (OEHHA) released draft public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. OEHHA’s...more

Husch Blackwell LLP

New Modifications To OEHHA’s Proposed Rule Offer Additional Flexibility

Husch Blackwell LLP on

Last summer the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, to create an exception from the warning...more

Downey Brand LLP

Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen

Downey Brand LLP on

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

Morgan Lewis

California Moves on PFOA, PFOS, and Other PFAS Under Proposition 65

Morgan Lewis on

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

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

BCLP

California Proposes Changes to Short-Form Prop. 65 Warning

BCLP on

The short form of the California Proposition 65 warning that appears on numerous consumer products may look different in the future. California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed several...more

Womble Bond Dickinson

California Announces Revised Proposition 65 Labeling & Marketing Regulations

Womble Bond Dickinson on

On January 8, 2021, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 of the regulations implementing the state’s Safe Drinking...more

Kelley Drye & Warren LLP

California Proposes to Minimize Use of Prop 65 Short-Form Warning

A popular option for satisfying Proposition 65 warning requirements, the so-called “short-form” warning, is likely to be significantly curtailed in light of a January 8th proposal from the California Office of Environmental...more

Hogan Lovells

California update: OEHHA extends comment period

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California’s Office of Environmental Health Hazard Assessment (OEHHA) is extending the public comment period for its proposal that lays out what constitutes a Proposition 65 exposure that would require warnings for listed...more

Jones Day

2020 Regulatory Amendments Attempt to Simplify Proposition 65 Warning Obligations

Jones Day on

The Situation: New regulatory amendments to Proposition 65 went into effect on April 1, 2020. These amendments: (i) allow manufacturers, distributors, and suppliers of consumer products to satisfy Proposition 65's warning...more

BCLP

Proposition 65 – OEHHA Proposes Safe Harbor Concentrations and Blanket Protections for Exposures to Acrylamide and Other Listed...

BCLP on

Acrylamide in food products has been one of the most significant drivers for recent Proposition 65 enforcement actions, frustrating many in the food industry, particularly because acrylamide is not added to those products....more

ArentFox Schiff

Court Considers Permanent Injunction on Arbitration Law

ArentFox Schiff on

Prop 65 Counsel: What To Know - Court to Consider Permanent Injunction on Arbitration Law; Prop. 65 Acrylamide Lawsuit Pending - CalChamber Advocacy - On Friday, US District Judge Kimberly J. Mueller is expected...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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l October 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Warns Company Selling CBD Oil - The U.S. Food and Drug Administration has published a warning letter it sent in September 2019 to a company selling cannabidiol (CBD) oil as a...more

Buchalter

Amendments to Proposition 65’s “Downstream” Warning Procedures would include the full Distribution Chain

Buchalter on

California’s “Proposition 65” requires manufacturers and others in the chain of distribution to warn consumers before causing them to be exposed to a list of almost 900 chemicals “known to the State of California to cause...more

Kelley Drye & Warren LLP

California Prop 65 Coffee Regulation: A Modest Re-Brew

The anticipated issuance of a final Proposition 65 exemption for chemicals, such as acrylamide, “created by and inherent in the processes of roasting coffee beans or brewing coffee,” has been delayed to allow for an...more

Husch Blackwell LLP

California Proposes Additional Amendments For Proposition 65 Regulations

Husch Blackwell LLP on

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed further amendments to clarify the new Prop 65 regulations that went into effect August 30, 2018, which focused on how to provide “clear and...more

Lewitt Hackman

Prop 65: California May Change Up Chain of Commerce Responsibility

Lewitt Hackman on

Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted....more

Downey Brand LLP

OEHHA Proposes Amendments to Prop. 65 Reproductive Toxicity Sampling Requirements for Food Products; New Prop. 65 Regulations for...

Downey Brand LLP on

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

BCLP

Coffee Defendants Likely To Seek Stay of Prop. 65 Action Following OEHHA’s Proposal to Exempt Coffee From Warning Requirement

BCLP on

Defendants in the Proposition 65 case against Starbucks and numerous other coffee manufacturers and retailers have indicated that they intend to file a motion to stay that action following a proposal by the California agency...more

Hogan Lovells

Proposed OEHHA Regulation Declares No Significant Risk of Listed Proposition 65 Chemicals in Coffee

Hogan Lovells on

On Friday, June 15th, the California Office of Environmental Health Hazard Assessment (OEHHA) announced a proposed regulation clarifying that exposures to Proposition 65 chemicals in coffee do not pose a significant cancer...more

Downey Brand LLP

California Proposes Regulation that Proposition 65 Cancer Warnings Are Not Required for Coffee

Downey Brand LLP on

On June 15, 2018, the Office of Environmental Health Hazard Assessment (OEHHA) proposed a new regulation to help clarify that Proposition 65 cancer warnings are not required for coffee products. OEHHA’s proposed action is...more

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