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Prop 65 Changes Coming That Could Cause Headaches For Businesses

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

California Landlords May Need to Take Additional Steps by July 2019 to Comply with Prop 65

California apartment and other residential rental property landlords and their agents (e.g., property managers) with more than 10 employees need to comply with the State’s Safe Drinking Water and Toxic Enforcement Act (“Prop...more

Key Changes for California’s Proposition 65 Effective August 30, 2018

The new “Safe Harbor” warning regulations for Proposition 65 (“Prop 65”) go into effect on August 30, 2018. As of that date, the 2008 warning regulations will no longer be available as a safe harbor compliance option. This...more

A Prop. 65 Win for Winemakers: No Separate Warning Required for Inorganic Arsenic

The California Court of Appeal recently handed a victory to winemakers, ruling that a specific Proposition 65 (“Prop. 65”) warning is not required regarding the presence of inorganic arsenic. The lawsuit, Charles et al. v....more

California Proposes Emergency Regulation to Ease the Prop 65 Warning Burden on Canned and Bottled Food and Beverage Products

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) added Bisphenol A (“BPA”) to the Proposition 65 (“Prop 65”) list as a chemical known to cause reproductive toxicity, on May 11, 2015. Prop 65 provides...more

California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the...more

California Doubles Down on Proposition 65 Regulations; OEHHA Issues Pre-Regulatory Proposals That Harm Existing Defenses

Late last week, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) released several new pre-regulatory draft proposals regarding Proposition 65 (“Prop 65”). With one possible exception, the pre-regulatory...more

New Proposed Proposition 65 Warning Requirements: What You Need To Know

On January 12, 2015, California’s Office of Environmental Health and Hazard Assessment (“OEHHA”) released the long anticipated Notice of Proposed Rulemaking that proposes changes to the warning requirements under Proposition...more

Prop 65 Law Alert: California Proposes Significant Changes to Proposition 65 Warning Requirements

On March 7, 2014, the Office of Environmental Health Hazard Assessment (“OEHHA”), the agency responsible for implementing California’s Proposition 65 (“Prop 65”), issued proposed changes to existing regulations that would...more

New Wave of Prop 65 Notices Target Rice Industry

This week, Consumer Advocacy Group (CAG), a non-profit organization that files numerous Proposition 65 (Prop 65) lawsuits each year, issued notices of violation alleging that 15 companies violated California law by selling...more

'All Natural' Label Making in California: Are You a Class Action Target?

In recent years, numerous class actions alleging false and misleading labeling and advertising have been filed in California regarding use of the terms "All Natural" or "100% Natural" on a wide range of food and beverage...more

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