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California Proposes to Adopt Regulations Undermining Key Proposition 65 Defense Used by Food Companies

The California Office of Environmental Health Hazard Assessment (OEHHA) has issued a proposed rulemaking package that, if adopted, will change two critical statutory interpretations that food companies have successfully used...more

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

Last Monday, February 26, 2018, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide...more

Expiring Soon: Temporary BPA Warning Regs Under Prop 65

With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires...more

Warning: New Proposition 65 Warning Regulations Taking Effect

A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for...more

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

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

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

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