Proposition 65

News & Analysis as of

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

Proposition 65 May Mean More Than Warning Signs and Lawsuits

As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law. Recently, the California Office of Environmental Health Hazard Assessment...more

Proposition 65 Plaintiff Group Seeks to Rescind “Safe Harbor” Standard for Lead

Mateel Environmental Justice Foundation, which has a long history as a Proposition 65 plaintiff, filed a writ petition earlier this week seeking to challenge and rescind the “safe harbor” level for lead under Proposition 65. ...more

New Requirements for Proposition 65 Warnings Proposed

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the first significant revisions to Proposition 65’s warning requirements since the 1980s. The updated regulations seek to...more

2015 May Bring Significant (More Burdensome) Changes to Proposition 65 Warning Requirements

Following Governor Jerry Brown’s call in mid-2013 for reform of Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency that writes the regulations governing Proposition 65,...more

Will the “Naturally Occurring” Exemption for Food (and Supplements) Become an Achievable Defense in 2015?

What is the “Naturally Occurring” Defense? - One of the few defenses available to a company under Proposition 65 is the “Naturally Occurring” exemption for “food.” (CA Code of Regulations, Title 27, § 25501). Food...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

OEHHA Proposes New Proposition 65 Warning Regulations

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) published two notices of proposed rulemaking regarding the State’s Proposition 65 warning regulations. OEHHA proposes to repeal...more

California Proposition 65 Warning Requirements for DINP Effective December 20, 2014

On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect. ...more

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

Battle of the Experts Still Brewin’ in Starbucks Trial

In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California...more

Proposition 65 Warning Requirement for DINP Set to Take Effect in December

Beginning December 20, 2014, companies with ten or more employees that manufacture, distribute or sell products in California containing Diisononyl phthalate (DINP) will be required to provide “clear and reasonable” warnings...more

Get Ready Now for the Upcoming Proposition 65 Warning Requirements for DINP and Other Chemicals

With the 2014 holiday season fast approaching, businesses should not lose sight of what the Proposition 65 “bounty hunter” plaintiffs’ lawyers are eagerly awaiting. And that’s the opportunity to send out 60-Day Notice letters...more

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

Recently Listed Chemicals Under Proposition 65

The following chemicals have recently been listed by the agency that oversees the enforcement of Proposition 65: the Office of Environmental Health Hazard Assessment (OEHHA). ...more

60-Day Notices for Phthalate DINP Can Begin on December 12, 2014

As previously reported, Diisononyl phthalate (DINP) was added to the Proposition 65 list on December 12, 2013. This means under the Proposition 65 regulations that plaintiffs can begin serving companies with Proposition 65...more

Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in...

In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...more

Industry Critical of Proposed Prop 65 Regulations

The California Office of Environmental Health Hazard Assessment’s (OEHHA) 2014 proposed regulations to revise Proposition 65 warnings has been widely panned by industry critics. The overhaul was requested by Governor...more

Seeking (and Finding) Coverage for Proposition 65 Claims

Navigating California’s Safe Drinking Water and Toxic Enforcement Act of 1986—better known as Proposition 65—is becoming an increasingly difficult endeavor for California-based companies and companies that do business in...more

New Legislative Efforts to Reform Prop. 65 – A Potentially Big Change for Small Businesses

In what is turning into a year of unprecedented talk of reform to the almost 30-year-old Proposition 65, Assemblyman Brian Jones (R-Santee) has introduced AB2361. The bill would permit a company that receives a Proposition...more

Update on Proposed Changes to Prop. 65 Warning Regulations – Better or Worse?

The state agency that is responsible for regulating Proposition 65 – the Office of Health Hazard Environmental Assessment (OHHEA) – continues to push forward with significant proposed revisions to the regulations. The focus...more

Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

Regulation Creep In The Nanny State:The Proposed Not-So-Safe-Harbor Enactment In Proposition 65 Advertising Regulations

Thomas Jefferson once famously warned that, “The natural progress of things is for liberty to yield and government to gain ground.” In the current political climate, this certainly seems to be the case. Businesses are being...more

California Proposition 65 Caramel Coloring Suits

This January, Consumer Reports, an independent product testing organization, released a report entitled “Caramel Color: The health risk that may be in your soda” detailing its investigation of the presence of...more

Proposition 65 Hot Button Issue: Caramel Coloring in Soft Drinks

Beverage companies PepsiCo and Goya face a spate of class action lawsuits relating to the caramel coloring in their soda drinks. In January, Consumer Reports, an independent product testing organization, released a report...more

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