Robert Falk

Robert Falk

Morrison & Foerster LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

WARNING: California Adopts New Proposition 65 “How to Warn” Rules

Last Friday, the state published the first major changes to the Proposition 65 regulations in more than a decade. The sweeping changes rewrite the “safe harbor” warning regulations and, in doing so, create a new set of...more

9/8/2016 - Amended Regulation Manufacturers OEHHA Proposition 65 Retailers Safe Harbors Toxic Chemicals Toxic Exposure Warning Labels

California Unveils Its First Green Chemistry Regulations for Children’s Foam-Padded Sleeping Products with Fire Retardants

Following up on the breakthrough amendments to the federal Toxic Substances Control Act (TSCA), California has reasserted its intention to proceed with its Green Chemistry Initiative to require substitution of safer chemicals...more

7/20/2016 - Chemicals Comment Period DTSC Green Chemistry Proposition 65 Public Hearing Toxic Chemicals Toxic Substances Control Act (TSCA)

The Toxic Substances Control Act Amendments May Do Little to Relieve California Headaches for Businesses

Business groups largely supported the Toxic Substances Control Act (TSCA) Amendments?recently signed into law by President Obama—in order to address concerns about the emergence of varying state-by-state requirements that...more

7/12/2016 - Chemicals EPA Exceptions Exemptions Green Chemistry Manufacturers New Amendments Preemption Proposition 65 Toxic Substances Control Act (TSCA) Warning Labels

Federal Toxics Law Grows Up: Congress Strengthens the Toxic Substances Control Act

OVERVIEW - President Obama has signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substances Control Act (TSCA) for the first time since it was enacted in 1976. The compromise...more

6/23/2016 - Chemicals EPA Imports Manufacturers New Legislation Preemption Reporting Requirements Toxic Chemicals Toxic Substances Control Act (TSCA) Trade Secrets

Risky Business: OEHHA to Require Prop 65 Data Submissions

The California Office of Environmental Health Hazard Assessment (“OEHHA”) has adopted new regulations that require businesses that make or use chemicals listed under Proposition 65 to provide certain information about the...more

1/28/2016 - Chemicals New Regulations OEHHA Proposition 65 Toxic Exposure

Another Major Earthquake: California Creates Big Fissures in Proposition 65 Regulations – Proposals Could Shatter Defenses

In the midst of making Proposition 65’s longstanding warning regulations far more onerous, and vexatious litigation far more likely, California’s Office of Environmental Health Hazard Assessment (OEHHA) has unveiled still...more

9/1/2015 - Arsenic Beech-Nut Birth Defects Lead OEHHA Proposition 65 Safe Harbors Warning Labels

Appellate Court Gets It Right: Realistic Product Use Data Can Be Used by Businesses to Defend Lawsuits

California’s First District Court of Appeal issued a unanimous and potentially far-reaching and precedent-setting decision on March 17, 2015, siding with businesses in our defeat of a lawsuit that sought to require cancer and...more

3/24/2015 - Beech-Nut Food Labeling Labeling Proposition 65

Proposed Prop 65 Rules Won't Please Calif. Businesses

California’s Proposition 65 warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the state’s large marketplace....more

2/23/2015 - Labeling Proposition 65 Safe Harbors Warning Labels

CPSC’s Proposed Rule Would Expand Phthalate Ban

The Consumer Product Safety Commission (CPSC) recently published a long-awaited proposed rule that, if finalized in its current form, would permanently ban certain additional phthalates from children’s toys and child care...more

2/2/2015 - Chemicals Children's Products Children's Toys Consumer Product Safety Commission (CPSC)

California Earthquake: “Proposition 65” About to be Rocked?

California’s “Proposition 65” warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the State’s large marketplace....more

1/21/2015 - OEHHA Proposition 65 Safe Harbors Warning Labels

For better or worse: OEHHA solicits input on Proposition 65 revisions

Introduction - Earlier in 2014 California's Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the state's controversial Proposition 65 law, released a pre-regulatory...more

10/28/2014 - Chemicals OEHHA Proposition 65 Public Comment

For Better or Worse: California Solicits Input on Further Revisions to Its Proposition 65 Regulations

Earlier this year, California’s Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the State's controversial Proposition 65 law, released a “pre-regulatory” proposal to revise...more

9/18/2014 - Chemicals Food Manufacturers Food Safety OEHHA Proposition 65 Public Comment

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

6/12/2014 - CERCLA Contaminated Properties CTS Corp v Waldburger Discovery Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

4/8/2014 - Conflict Mineral Rules Dietary Supplements FDA Green Chemistry Retailers SEC

Coming Christmas 2014: California Adds Another Phthalate Chemical to Its Proposition 65 List

With the 2013 holiday season behind us, the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) already appears to be looking forward to Christmas 2014. It has just wrapped and put a bow on next...more

1/9/2014 - Chemicals Environmental Assessments Environmental Policies Hazardous Substances OEHHA Proposition 65

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

5/9/2013 - Frivolous Lawsuits Jerry Brown Proposition 65 Safe Harbors

16 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×