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Safe Harbors Product Labels

Farella Braun + Martel LLP

OEHHA Announces Amendments to the Prop 65 Safe-Harbor Warning Regulations

On December 6, 2024, OEHHA announced that amendments to the Prop 65 safe-harbor warning regulations have been approved and finalized. The amendments will be effective on January 1, 2025, and will allow Prop 65 warnings to...more

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

Alston & Bird

New Changes to Proposition 65’s Warning Requirements Are on the Horizon

Alston & Bird on

Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more

K&L Gates LLP

Litigation Minute: Companies Selling Products in California Must Justify Environmental Marketing Claims

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When companies make advertising claims (including websites, social media, print, and product labels) that a product is beneficial to or not harmful to the natural environment, California law requires those companies to...more

Wiley Rein LLP

FCC Proposes Broadband “Nutrition” Label Requirement - UPDATED February 2022

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*This alert was originally published on January 28, 2022 and updated on February 4, 2022. On January 27, 2022, the Federal Communication Commission (FCC or Commission) moved to implement a provision of the bipartisan...more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA’s Final Rule on Intended Use: ‘Getting Right Back to Where We Started From’

On August 2, 2021, the U.S. Food and Drug Administration (FDA) issued its final rule amending the intended use regulations codified at 21 CFR 801.4 and 21 CFR 201.128, marking the end of an effort FDA began in 2015. While the...more

Polsinelli

Proposed Regulatory Changes to Safe Harbor Warning Provisions

Polsinelli on

All consumer products and food products sold or distributed into the State of California may soon be subject to new scrutiny for chemical exposure warnings Revisions to a critical environmental law regarding warnings for...more

Foley & Lardner LLP

California Enacts New Warning Requirements Applicable to Cannabis and CBD Products

Foley & Lardner LLP on

California’s Proposition 65 – which already poses daunting compliance challenges for a wide range of industries – is now set to apply more broadly to cannabis and cannabidiol (“CBD”) products. Beginning January 3, 2021,...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

Epstein Becker & Green

After Decades of Broad Enforcement Discretion, FDA Signals New Approach to Homeopathic Drugs

Epstein Becker & Green on

Two announcements made by FDA in late October signal a marked change to FDA’s regulatory approach to “homeopathic” drugs. On October 25, 2019, FDA withdrew the 1988 Compliance Policy Guide (“CPG”) 400.400 Conditions Under...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Dialogue With Corporate Counsel: Skadden’s Eighth Annual Pharmaceutical and Medical Device Seminar

On October 30, 2018, Skadden hosted its Eighth Annual Pharmaceutical and Medical Device Enforcement and Litigation Seminar in New York City, which focused on U.S. enforcement issues faced by companies throughout the industry....more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q3 2018

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There has been a recent surge of lawsuits and demand letters alleging company websites are violating the Americans with Disability Act (the “ADA”). In the first six months of 2018, there were at least 1,053 lawsuits alleging...more

Sheppard Mullin Richter & Hampton LLP

Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground...

If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more

Hogan Lovells

House Subcommittee on Health Opens Floor for Discussion of FDA Regulation of Off-Label Speech

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The House Subcommittee on Health has announced a hearing entitled “Examining Medical Product Manufacturer Communications” for Wednesday, July 12, 2017, at 10:15am EDT, in which it intends to examine two discussion-draft bills...more

Proskauer - Advertising Law

Made-in-the-U.S.A. Complaint Does Not Make the Cut

In a case decided in December that flew beneath our radar, a judge in the Southern District of California dismissed without prejudice a proposed class action alleging that Citizens for Humanity falsely labeled its jeans as...more

Troutman Pepper

State Safe Harbor Doctrines: A Life Preserver from False Advertising Claims Facing Alcohol Manufacturers?

Troutman Pepper on

Food and beverage companies, beset by lawsuits about their product labels, struggle to find consistent application of consumer protection laws across the country. The experience of one distiller and its use of one word on its...more

Proskauer - Advertising Law

Not Sweet Enough: Ninth Circuit Tosses Claims Over Fresh Sugar Lip Balm Labeling and Packaging

Plaintiff Angela Eber filed a putative class action against Fresh, Inc. alleging that the label, design and packaging of its Sugar lip balms deceived consumers about the amount of available product. In a published panel...more

Proskauer - Advertising Law

Makers’ Mark Two: Bourbon Distiller Slips another “Handmade” False Advertising Suit

In another blow to consumers that demand absolute rustic authenticity from their top-shelf bourbon purchases, a court in the Southern District of California has dismissed a false advertising class action against Maker’s Mark...more

Proskauer - Advertising Law

Sun-Blocked: California Court Dismisses Sunscreen Labeling Case

It’s summertime, and for many of us that means buying and applying sunscreen. Lots of it. Indeed, when selecting sunscreen rated at, say, SPF 30, we rely on national standards promulgated by the FDA. It thus comes as no...more

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