News & Analysis as of

Proposition 65

WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?

by Wilson Elser on

After many years of debate, consideration and public input, California’s new regulations go into effect on August 30, 2018, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 - commonly known as Prop 65....more

OEHHA Attempts to Clarify New Proposition 65 Clear and Reasonable Warning Regulations by Issuing Guidance and Proposed Amendments

by Beveridge & Diamond PC on

On August 30, 2016, the California Office of Environmental Health Hazard Assessment (“OEHHA”) repealed and readopted Article 6 of Title 27 of the California Code of Regulations, which sets forth the method and content deemed...more

Is Your Company Ready for the New Prop 65?

by Polsinelli on

One year from now, companies that do business in California will have to comply with new warning regulations under the state’s Safe Drinking Water and Toxic Enforcement Act (“Proposition 65”)....more

Proposition 65: New “Naturally Occurring” Level Proposed for Rice

by Morrison & Foerster LLP on

The California Office of Environmental Health Hazard Assessment (OEHHA) recently proposed levels of inorganic arsenic in rice that would be deemed “naturally occurring” and thus exempt from the Proposition 65 warning...more

Six things to know about glyphosate

by DLA Piper on

Glyphosate, one of the most widely used herbicides in the world, is under scrutiny by media and plaintiff groups amid recent reports that it is potentially carcinogenic. A key ingredient in consumer and industrial...more

Warning: New Proposition 65 Warning Regulations Taking Effect

by Morrison & Foerster LLP on

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

California’s Prop 65: More Form Over Substance

California’s Safe Drinking Water & Toxic Enforcement Act of 1986 (affectionately known as “Proposition 65”) has long been the subject of discussion, both pro and con. Much of the conversation is on various issues surrounding...more

Food and Beverage News and Trends - July 2017 #2

by DLA Piper on

What impact will the listing of glyphosate under Prop 65 have on food companies? On July 7, glyphosate, the active ingredient in common herbicides, was added to California's Prop 65 list. This means that starting in July...more

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European...more

California Environmental Law & Policy Update - June 2017 #2

by Allen Matkins on

Environmental and Policy Focus - EPA moves to repeal its own Obama-era “Waters of the United States” rule - The Hill - Jun 27 - The Environmental Protection Agency (EPA) formally proposed Tuesday to repeal the...more

FRANCHISOR 101: Donut Franchise Relationship Dissected by Court

by Lewitt Hackman on

The parent of Dunkin' Donuts was named along with Starbucks and about 80 other coffee sellers, distributors and retailers in a 2010 lawsuit alleging violations of California's Proposition 65 and Safe Drinking Water and Toxic...more

Old Grounds: A Lack of Prop 65 Warnings Brew Trouble for Coffee Franchisors

by Lewitt Hackman on

California Prop 65 warnings – many residents barely notice these anymore, as we’ve lived with Safe Drinking Water and Toxic Enforcement Act notices for over 30 years now. They appear at gas pumps; in apartment and office...more

California Legislation Proposes Increased Chemical Disclosure Requirements for Cleaning Products

by Reed Smith on

The California legislature is considering a bill aimed at requiring full disclosure of ingredients and chemicals of concern in cleaning products. The bill, if enacted, will impact manufacturers’ and California employers’...more

"Toxic" Tort Food Litigation: The Truth Behind the Headline

by Bryan Cave on

Chicago Partners Susan Brice and Thor Ketzback, along with San Francisco Associates Merrit Jones and Thomas Lee, presented on "Toxic" Tort Food Litigation: The Truth Behind the Headline, May 4, via a live presentation in our...more

Practitioner Insights: California Crowdsources Chemical Rules: What Could Go Wrong?

by Alston & Bird on

Environmental and product regulations, traditionally a science-obsessed and labyrinthine area of the law dominated by experts in administrative agencies, will receive an internet-age overhaul to make them more accessible to...more

Proposition 65 & California Cannabis Businesses

by Fox Rothschild LLP on

Cannabis business owners in California should take note if they are unaware that Proposition 65 applies to them. Among other requirements, Proposition 65 (aka the Safe Drinking Water and Toxic Enforcement Act of 1986)...more

California’s New Prop. 65 Warning Regulations Put Primary Burden for Providing Warning on Manufacturers

by Bryan Cave on

Companies that do business in California should be familiar with Proposition 65, which prohibits knowingly and intentionally exposing consumers to a chemical known to the state to cause cancer or reproductive harm without...more

California Adds New Priority Consumer Product for Green Chemistry Regulation

by Morrison & Foerster LLP on

California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam (SPF) Systems containing...more

Food and Beverage News and Trends - March 2017 #2

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA holds public meeting on redefining "healthy" claims in food labeling....more

California Court Tentatively Dismisses Monstano’s Lawsuit Against OEHHA to Block Addition of Glyphos

A tentative ruling issued January 26, 2017, in Monsanto Company v. Office of Environmental Health Hazard Assessment, et al., Case No. 16 CE CG 00183, by the Superior Court of California, County of Fresno, granted the Office...more

WARNING: Proposition 65 Warning Requirements Have Changed

by K&L Gates LLP on

Thirty years after its enactment, California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65”) remains an undiminished irritant to businesses who sell products that are used in...more

California Extends Prop. 65 Point-of-Sale Warning for BPA for Businesses That Report Food and Beverage Product Information

by Bryan Cave on

California’s Office of Environmental Health Hazard Assessment (OEHHA) has extended for another year the regulation allowing businesses to provide a Prop. 65 point-of-sale warning for bisphenol A (BPA) in canned and bottled...more

Prop 65 Update: The Rules They Are a Changin'

by Lewitt Hackman on

Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, among other things requires businesses employing ten or more people to warn consumers if the business’ products contain a chemical...more

OEHHA Adopts Revised Temporary Regulations for BPA Warnings in Food & Beverage Packaging

The Office of Environmental Health Hazard Assessment (OEHHA) recently adopted revised regulations providing safe harbor warnings for food and beverage product packaging containing BPA. These new regulations, which take effect...more

3D Printing of Manufactured Goods: An Updated Analysis

by Reed Smith on

(NEW YORK) December 15, 2016 – Reed Smith LLP today released “3D Printing of Manufactured Goods: An Updated Analysis,” a comprehensive new white paper that provides in-house counsel and industry leaders with an in-depth look...more

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