OEHHA

News & Analysis as of

OEHHA Issues Final Regulations Related To Its Prop 65 Website

On January 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) announced the adoption of final regulations (Regulations) related to the development and maintenance of a website to "provide...more

California Proposition 65 Regulations Overhaul

The California Office of Environmental Health Hazard Assessment (OEHHA) proposes to repeal existing regulations and replace them with newer regulations to further the “right-to-know” purpose of the Proposition 65 statute and...more

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

Product Liability Alert: Changes to California Prop. 65 Warning Requirements May Create New Pitfalls for Consumer Businesses – Key...

California’s Proposition 65 requires businesses to provide “clear and reasonable” warnings when they “expose” Californians to listed chemicals identified by the state to cause of cancer or reproductive harm (currently, over...more

Proposition 65: OEHHA Repeals and Re-Proposes Revisions to Proposition 65 Warning Regulations

On November 27, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) took two actions: (1) it withdrew its proposed rule issued on January 16, 2015, that would have repealed and replaced the existing...more

California Changes Course in Amendments to Proposition 65 Warning Label Requirements

Businesses in California have been thrown another curveball in following developments related to the state’s Proposition 65, the much-criticized statute requiring prolific warnings of exposure to toxic substances and fueling...more

California Issues New Draft of Proposition 65 Warnings Overhaul - Significant Changes Respond to Public Comment

In January 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the most significant revisions to the Proposition 65 warning regulations since the 1980s. Not surprisingly, OEHHA received...more

New Draft Prop. 65 Warning Regulations: What Manufacturers and Suppliers Need to Know

On November 24, 2015, the Office of Environmental Health Hazard Assessment (“OEHHA”) issued proposed revisions to its January 15, 2015 draft Prop. 65 warning regulations. 27 CCR §§25600 et seq. The full text of the new draft...more

After Years of Starts and Stops, OEHHA Commences New Rulemaking to Change the Prop 65 Product Label Requirements

After nearly a year of heavy industry opposition and objections to the proposed draft regulations requiring all manufacturers selling goods in California to change their Prop 65 product label warnings, the California Office...more

Can the California A.G. limit those incessant Prop 65 lawsuits?

The California Attorney General has proposed amendments to California’s Proposition 65 regulations governing enforcement actions brought by a “private person in the public interest.”...more

OEHHA Issues Further Modification of Warning Website Regulations

On September 4, 2015, the California Office of Environmental Health and Hazard Assessment (“OEHHA”) provided notice of additional changes to its proposal to establish a website, operated by OEHHA, which would provide...more

California Attorney General Proposes Proposition 65 Amendments To Address Litigation Abuse

On September 25, 2015, the California Office of the Attorney General published a Notice of Proposed Rulemaking to amend the regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”)...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

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2015

EPA Releases TSCA Assessment Documents For Flame Retardant Chemicals: On August 18, 2014, the U.S. Environmental Protection Agency (EPA) released for public comment three Problem Formulation and Initial Assessment documents...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

OEHHA Releases New Prop 65 Proposals that Will Increase Label Obligations for Businesses Selling Products into California,...

On Friday, August 28, 2015, the California Office of Environmental Health Hazard Assessment (“OEHHA”) released four pre-regulatory proposals under Prop 65 that, if passed, would likely significantly expand the overall...more

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

Proposition 65: OEHHA to Consider Adding and Delisting Certain Chemicals of Concern

The Office of Environmental Health Hazard Assessment (“OEHHA”), which is responsible for determining the chemicals that are included on its list of chemicals known to be carcinogenic or to cause reproductive harm, thereby...more

International Food Law Gazette - July 2015

King & Spalding is pleased to provide this first edition of the International Food Law Gazette, a publication of our Food & Beverage Group. For decades, King & Spalding has closely advised leading food, beverage and dietary...more

Proposition 65 – New Requirements

Proposition 65 Update - 1. Ethylene Glycol Added as a Listed Chemical. The California Office of Environmental Health Hazard Assessment (OEHHA) has added Ethylene Glycol (ingested) (CAS No. 107-21-1) to the list of...more

Proposed California Bill Seeks to (Finally) Define “Knowing and Intentional” Element of Proposition 65

On February 23, 2015, Assemblyman Bill Quirk (D-Hayward) introduced legislation that would definitively define the term “knowing and intentional” that is contained in the actual text of Proposition 65 (Prop 65). There has...more

New Prop. 65 Regulations Being Considered in California

For nearly three decades, California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as “Proposition 65," has, under specified conditions, required businesses that sell or distribute products in...more

California’s Strict New Health Risk Assessment Guidelines May Increase Regulatory Burden on Industrial Uses and Development...

On March 6, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) updated its Guidance Manual for Preparation of Health Risk Assessments (HRAs) for the purpose of better characterizing exposure risks...more

A Sane Tweak to Proposition 65

This space has addressed on several occasions recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. Many of the comments on proposed changes to...more

New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings...more

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