Proposition 65

News & Analysis as of

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

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

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

Delayed Discovery Cannot Cure Defective Pre-Litigation Investigations for Proposition 65 Suits

A California appellate court recently determined that a consumer group’s failure to conduct required pre-litigation investigations of several restaurant chains’ alleged Proposition 65 violations warranted dismissal of the...more

Warning – California proposes major changes for Proposition 65 warnings: take part in the process

The California agency that implements Proposition 65 – perhaps the nation’s highest-profile consumer product toxics law – has proposed far-reaching changes to the now-familiar warnings required under that statute. ...more

New Prop 65 Warning Requirements on the Horizon?

Proposition 65 warnings could soon become a much bigger burden for businesses. On Friday, March 7, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) released a...more

Prop 65 Law Alert: California Proposes Significant Changes to Proposition 65 Warning Requirements

On March 7, 2014, the Office of Environmental Health Hazard Assessment (“OEHHA”), the agency responsible for implementing California’s Proposition 65 (“Prop 65”), issued proposed changes to existing regulations that would...more

California’s Governor Brown earmarks funds for Prop 65 regulations but the threat of unnecessary litigation remains

California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, finally has the attention of legislators and the governor’s office and is undergoing key changes. ...more

New Wave of Prop 65 Notices Target Rice Industry

This week, Consumer Advocacy Group (CAG), a non-profit organization that files numerous Proposition 65 (Prop 65) lawsuits each year, issued notices of violation alleging that 15 companies violated California law by selling...more

Report of Potential Carcinogen in Soda Coloring Paves Way for High Stakes Prop. 65 Suits

Plaintiffs’ law firms are seeing green in the caramel coloring added to brand-name soft drinks. A recent Consumer Reports investigation found elevated levels of a potential carcinogen in beverages produced by two global...more

More Changes to Prop. 65 in 2014?

Though his broader range of reforms did not make it out of the Legislature last year, California Gov. Jerry Brown is attempting to effect some reform of Proposition 65 (Prop. 65) through administrative action. The Office of...more

Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations [Video]

California laws and regulations are replete with California specific provisions that can trip up the out of state manufacturer, supplier or retailer of goods in the state. Manufacturing for, and selling products into the...more

Coming Christmas 2014: California Adds Another Phthalate Chemical to Its Proposition 65 List

With the 2013 holiday season behind us, the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) already appears to be looking forward to Christmas 2014. It has just wrapped and put a bow on next...more

California Environmental Law and Policy Update - December 12, 2013

Environmental and Policy Focus - California Intends to Add Trichloroethylene (TCE) To Proposition 65 Reproductive Toxicity Lis: BNA - Dec 12 - California's Office of Environmental Health Hazard Assessment (OEHHA) has...more

Amendment to Prop 65 Provides Businesses a Grace Period: AB 227 Aims to Reduce Frivolous Lawsuits and Excessive Penalties

Gov. Brown recently signed Assembly Bill 227 into law, which amends California's Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65. Prop 65 provides that businesses may not expose...more

California Environmental Law and Policy Update - October 17, 2013

Environmental and Policy Focus -Federal Shutdown Impacts EPA Staff: The Guardian - Oct 2 -- Nearly all of the 16,205 employees of the Environmental Protection Agency (EPA) across the country, with oversight of air...more

California’s Green Chemistry Puts Burden on Manufacturers

California is one of the largest consumer markets in the United States. When it comes to environmental regulations, California can be the tail that wags the dog. It is not difficult for manufacturers, importers and...more

Cocamide-DEA Causing Prop. 65 Headaches for Personal Care Products Companies

When Proposition 65 (Prop. 65) warning requirements took effect for a common ingredient in shampoo and skincare products this past June, the plaintiffs’ bar took notice. To date, 29 notices of violation have issued to dozens...more

Incremental Reform Bill Passes, But Governor’s Broader Changes Stall

California Gov. Jerry Brown promised earlier this year to get serious about reforming some of what the business community calls the worst abuses of Proposition 65 (Prop. 65) – changes in the definition of what constitutes a...more

California Judiciary, not Governor, Leading Effort to Reign in Proposition 65 Abuse

Earlier this year, we reported on California Governor Edmund Brown's call for reform of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65, the number of the ballot initiative...more

Broad Prop 65 Reform Going Nowhere — Weaker Assembly Bill 227 Moving Forward

Two weeks ago, this space discussed the CA Prop 65 reform proposed by Governor Brown and its remote chances of success. Not surprisingly, Governor Brown’s administration has thrown in the proverbial towel. Spokespersons on...more

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