Proposition 65 – Changes That Will Impact the Cannabis Sector
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Cannabis Counsel Cast: Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning
Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more
On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more
On June 14, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for...more
Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more
For the past three years, the California Office of Environmental Health Hazard Assessment (OEHHA), the agency governing Proposition 65, has issued several proposed amendments to the Proposition 65 short-form warnings....more
Our Environment, Land Use & Natural Resources Group explains the updates the California Office of Environmental Health Hazard Assessment plans to make to the proposed changes to California’s Proposition 65 safe harbor warning...more
In response to numerous public comments, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced on June 13, 2024, modifications to the proposed amendments to the regulations governing so-called...more
Roughly eight months have passed since California’s Office of Environmental Health Hazard Assessment (OEHHA) last proposed to amend its Prop 65 regulations on “short-form” and internet warnings provisions. Now, in response...more
UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more
On May 10, 2024, OEHHA issued a notice of proposed rulemaking to adopt a Proposition 65 No Significant Risk Level (NSRL) for titanium dioxide (airborne, unbound particles of respirable size). This chemical was listed as a...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed additional safe harbor warnings for products containing acrylamide in response to recent litigation questioning the constitutionality of such...more
2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or...more
California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more
Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more
In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more
On November 7, 2023, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily...more
If a company makes, distributes, or sells consumer products—including food products—containing chemicals that might turn the leaves brown, proposed amendments to California’s Proposition 65 may saddle it with additional...more
OEHHA is proposing a significant change to the Proposition 65 “short-form warning” to require that this warning identify a specific Proposition 65 (“Prop. 65”) chemical. Currently, the short-form warning requires...more
On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, introduced its third attempt to amend the “short form” warning provisions of this widely...more
On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s (District Court) June 22, 2020, decision granting summary judgment in favor of Plaintiffs. The Ninth Circuit entered...more
Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more
Proposition 65: Quarterly Highlights (October 2023) - Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes Notices filed in the third quarter of 2023. Citizen plaintiff groups filed one...more
California Bans Several FDA-Authorized Food Additives; New York May Soon Follow - On October 7, California Governor Gavin Newson signed into law AB-418, the California Food Safety Act, which completely bans, on safety...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed changes to the short form warnings currently permitted by Proposition 65. These changes have the potential to greatly raise the cost of doing...more
As a result of changes to the Proposition 65 warning requirements that went into effect in 2018 many businesses have chosen to use the “short-form” warning which does not require the identification of a specific chemical....more