News & Analysis as of

Exemptions Proposition 65

Perkins Coie

Coffee Regulations Offer Affirmative Defense in Proposition 65 Suit

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On July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings. Better known as Proposition 65, the California’s...more

Perkins Coie

Coffee Products Exempted From Proposition 65

Perkins Coie on

California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings earlier this month. The rule states that: “[e]xposures to chemicals in coffee,...more

Perkins Coie

Industry Insights: Coffee Products Exempted from Proposition 65

Perkins Coie on

On Monday, June 3rd, California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings. The rule states that: “Exposures to chemicals in coffee,...more

King & Spalding

Food Manufacturers and Other Stakeholders React to Proposed Changes to California’s Proposition 65

King & Spalding on

After California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to Proposition 65’s regulations governing the calculation of safe harbor levels for reproductive toxicants in consumer products,...more

Miller Starr Regalia

Warning: Non-Compliance With California’s New Proposition 65 Safe Harbor Rules May Expose You To Liability. For More Information

Miller Starr Regalia on

The Safe Drinking Water and Toxic Enforcement Act, popularly known as “Proposition 65” (or “Prop. 65”), requires businesses to warn California residents before exposing them to specified chemicals. ...more

BCLP

Coffee Defendants Likely To Seek Stay of Prop. 65 Action Following OEHHA’s Proposal to Exempt Coffee From Cancer Warning...

BCLP on

Defendants in the Proposition 65 case against Starbucks and numerous other coffee manufacturers and retailers have indicated that they intend to file a motion to stay that action following a proposal by the California agency...more

Lewitt Hackman

Killer Coffee? California May Exempt Coffee Industry from Prop 65 Warning Requirements

Lewitt Hackman on

We told you about the lawsuit brought against nearly 100 food industry companies regarding the lack of Prop 65 warnings in restaurants and stores selling coffee. The problem is the potential presence of acrylamide when coffee...more

Downey Brand LLP

California Grocer: Brewing Debate in California Proposition 65 Coffee Action Coming to a Close

Downey Brand LLP on

For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more

Morrison & Foerster LLP

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

Beveridge & Diamond PC

What’s New About the Revised TSCA

After years of effort, comprehensive legislation to reform the Toxic Substances Control Act (TSCA) passed the House of Representatives on May 24, 2016. The Frank R. Lautenberg Chemical Safety for the 21st Century Act is...more

Farella Braun + Martel LLP

Court Of Appeal Upholds “Safe Harbor” Exemption From Prop 65 Warnings For Lead In Fruit Products

In a much anticipated decision, a California Court of Appeal has upheld a trial court ruling for the defense, finding that trace levels of lead in packaged fruits, vegetables and fruit juice products require no Proposition 65...more

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