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Safe Harbors Suppliers

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

WilmerHale

Second Circuit Confirms Willfulness under the Anti-Kickback Statute and False Claims Act Requires Relators to Plead that the...

WilmerHale on

The Second Circuit Court of Appeals recently issued a decision with significant implications for healthcare companies and providers facing allegations of violations of the Anti-Kickback Statute (AKS), 42 U.S.C. §...more

Troutman Pepper

California Considers Modifying Prop 65 Warning Requirements (Again)

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In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more

White & Case LLP

European Commission issues proposed guidance on information exchange in dual distribution relationships

White & Case LLP on

As part of its review of the EU antitrust rules governing vertical agreements, the European Commission (EC) has published for consultation a draft new section of its Vertical Guidelines, which contains proposed guidance on...more

Stoel Rives LLP

Prop 65 Changes Coming That Could Cause Headaches For Businesses

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If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a...more

Chambliss, Bahner & Stophel, P.C.

Risk of Preference Action Lowered for Commercial Landlords and Suppliers Facing COVID-19 Collection Challenges

Congress provides flexibility for negotiations without worry of preference action in bankruptcy. The new COVID-19 relief act includes an important but temporary change to bankruptcy preference actions. The change should...more

Vedder Price

The Long Reach of Proposition 65

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According to the Center for Accountability in Science, since 2010, businesses have spent over $182 million to settle Prop 65 lawsuits. What most companies do not realize is that 75% of settling businesses were headquartered...more

Dorsey & Whitney LLP

WARNING: The Prop 65 Transition Period is Over!

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On August 30, 2018, new “Proposition 65” regulations went into effect drastically changing the way businesses must operate in California to comply with the state’s Safe Drinking Water and Toxic Enforcement Act of 1986. Under...more

Mintz - Consumer Product Safety Viewpoints

California Prop 65: More Unintended Consequences

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning...more

Bryan Cave Leighton Paisner

OEHHA Proposes New Prop. 65 Warning Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA) has released another draft of its proposed amendments to the Proposition 65 warning regulations. This is the third draft OEHHA has released for public...more

Bryan Cave Leighton Paisner

Prop. 65 Warning Requirement for BPA Takes Effect May 11

The California Proposition 65 warning requirement for Bisphenol-A (BPA) takes effect on May 11, 2016. After May 10, products that contain BPA sold in California without a Prop. 65 warning could subject retailers,...more

Mintz - Consumer Product Safety Viewpoints

Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain

We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act. In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was...more

Mintz - Consumer Product Safety Viewpoints

Knockout in Round One: Court Dismisses California Supply Chains Act Class Action

The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to...more

McDermott Will & Emery

Supplier to ANDA Filer Is Not Liable for Induced Infringement Until After ANDA Approval - Shire LLC v. Amneal Pharms., LLC

McDermott Will & Emery on

Addressing the scope of the safe harbor provision of § 271(e)(1), the U.S. Court of Appeals for the Federal Circuit reversed the district court, holding that supplying an active pharmaceutical ingredient (API) to the filer of...more

Mintz - Health Care Viewpoints

Skeletons in the Closet? Beware of Potential Enforcement Actions

With Halloween looming, a discussion of skeletons that may be lurking in a health care provider’s closet is timely. Many of our previous posts, as well as the monthly Qui Tam Updates published by our Health Care Enforcement...more

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