News & Analysis as of

Proposition 65 Safe Drinking Water Act OEHHA

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

Perkins Coie on

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

ArentFox Schiff

Prop 65 Roundup - December

ArentFox Schiff on

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

Jenner & Block

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

Jenner & Block on

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

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

Fox Rothschild LLP

California Expands Review Of PFOS, PFOA To Include Cancer Risk

Fox Rothschild LLP on

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

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

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

McDermott Will & Emery

California Court of Appeal Holds That “Safe Harbor” Defense Precludes Suit Based on Presence of Inorganic Arsenic in Wines

Last month, the Court of Appeal of California, Second Appellate District, Division Four, issued an opinion in Charles v. Sutter Home Winery, Inc. (2018 Cal. App. LEXIS 418*; 2018 WL 2126987). The court considered the...more

Downey Brand LLP

Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017

Downey Brand LLP on

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

Lewitt Hackman

Prop 65 Update: The Rules They Are a Changin'

Lewitt Hackman on

Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, among other things requires businesses employing ten or more people to warn consumers if the business’ products contain a chemical...more

Beveridge & Diamond PC

California Attorney General Proposes Proposition 65 Amendments To Address Litigation Abuse

Beveridge & Diamond PC on

On September 25, 2015, the California Office of the Attorney General published a Notice of Proposed Rulemaking to amend the regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”)...more

Mintz - Consumer Product Safety Viewpoints

A Sane Tweak to Proposition 65

This space has addressed on several occasions recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. Many of the comments on proposed changes to...more

Polsinelli

New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

Polsinelli on

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings...more

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