News & Analysis as of

Proposition 65 Safe Drinking Water Act

Farella Braun + Martel LLP

The looming BPS warning deadline, Chris Rendall-Jackson

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

Perkins Coie

California Announces Modifications to Prop 65 Short-Form Warning Regulations

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In response to numerous public comments, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced on June 13, 2024, modifications to the proposed amendments to the regulations governing so-called...more

Keller and Heckman LLP

January 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

Keller and Heckman LLP

December 2023 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

ArentFox Schiff

Prop 65 Roundup - December

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FDA joins industry groups in opposing Prop 65 cancer listing for BPA - Chemical Watch - The US Food and Drug Administration has joined a pair of industry trade groups in opposing the potential listing of bisphenol A as...more

Sheppard Mullin Richter & Hampton LLP

Up In Smoke – CA Court of Appeal Dismisses Prop 65 Case Against Water Pipe Manufacturer Narrowly Construing The Term “Expose”

California Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Safety Code § 25249.5 et seq.) (“Prop 65”) is a California law that prohibits any person in the course of doing business from “knowingly and...more

Jenner & Block

New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges - Update

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The California Office of Administrative Law (OAL) recently approved a revised Proposition 65 warning label requirement for the use of acrylamide in food and beverages. California’s Office of Environmental Health Hazard...more

Jenner & Block

New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges

Jenner & Block on

On September 16, 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) submitted to the California Office of Administrative Law (OAL) a revised Proposition 65 warning label requirement for the use of...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

King & Spalding

California Increases PFAS Listings under Proposition 65

King & Spalding on

In late December, California formally listed PFOS “and its salts and transformation and degradation precursors” as carcinogens and PFNA and its salts as reproductive toxins under the Safe Drinking Water and Toxic Enforcement...more

Latham & Watkins LLP

California Proposes Amendments to Rules on Prop 65 Short-Form Product Warnings

Latham & Watkins LLP on

The proposal, which aims to clarify when short-form warnings should be used, would also create new requirements for information about harmful chemicals. On December 13, 2021, the California Office of Environmental Health...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

ArentFox Schiff

Proposed Restrictions on Prop 65 Short-Form Warnings

ArentFox Schiff on

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

Pillsbury Winthrop Shaw Pittman LLP

Information Requests and Subpoenas for PFAS Likely to Increase, as Biden Administration Ramps Up Regulation of PFAS

What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS - Federal and state governments use information requests and subpoenas to gather information about a business’s...more

Fox Rothschild LLP

California Expands Review Of PFOS, PFOA To Include Cancer Risk

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The California Office of Environmental Health Hazard Assessment (OEHHA) is expanding its review of potential substances to add to its Proposition 65 list of chemicals that cause cancer. Earlier this year, the state...more

McDermott Will & Emery

Second Prop 65 Amendment Effective April 1, 2021: New Warnings Required

McDermott Will & Emery on

The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), was enacted as a ballot initiative and requires businesses to inform Californians about exposures to chemicals that are known...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

Husch Blackwell LLP

California’s OEHHA Proposes Regulation Requiring Warning For Acrylamide In Food

Husch Blackwell LLP on

On August 4, 2020, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the Proposition 65 regulations. Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986,...more

Perkins Coie

An Introduction to California's Proposition 65: What is Proposition 65?

Perkins Coie on

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

ArentFox Schiff

California Adds THC to Prop 65 List

ArentFox Schiff on

California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more frequently referred to as Prop 65, requires businesses whose products reach California consumers to notify consumers about the presence of certain...more

Perkins Coie

Proposition 65 Labeling Obligations Anticipated for CBD Products Containing THC

Perkins Coie on

California’s Office of Environmental Health Hazard Assessment (OEHHA) added ?9-tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. Proposition 65,...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

Clark Hill PLC

Proposition 65 and the Hospitality Industry

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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

Buchalter

The Impact the New Prop 65 Warning Regulations on Commercial Property Owners

Buchalter on

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

Allen Matkins

Are You Ready for the New Prop 65 Warnings? What Commercial Property Owners and Businesses Need to Understand to Be Prepared

Allen Matkins on

As of August 30, 2018, businesses will be subject to new warning requirements under the California Safe Drinking Water and Toxic Enforcement Act (aka Prop 65). The Prop 65 regulatory amendments (Amendments), adopted in 2016...more

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