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In a landmark decision, a California appellate court ruled that only "direct" exposures are subject to Proposition ("Prop") 65 warning requirements. EHA v. Sream, Inc. (Court of Appeal, First Appellate District, Division Two,...more
California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more
On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more
The Federal Trade Commission (FTC), in its mission to protect consumers from deceptive and unfair commercial practices, has been particularly vigilant during the COVID-19 pandemic because of an expected increase in outright...more
The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern...more
A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more
Earlier this year, New York Governor Andrew Cuomo announced a proposal to add stringent labeling requirements for certain products sold in New York through the “Consumer Right to Know Act” (the “Proposed Act”). ...more
Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted....more
New revisions to the warnings provisions required by California’s Prop 65 regulations will take effect August 30, 2018. If applicable, the revisions will change the way companies assess and label the food products they...more
LEGISLATION, REGULATIONS & STANDARDS - California Bans New Soda Taxes - California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes...more
As if California’s Safe Drinking Water and Toxic Enforcement Act (“Prop 65”) doesn’t impose enough regulations on employers, landlords, retailers, manufacturers and distributors – we now must also contend with the Cleaning...more
We told you about the lawsuit brought against nearly 100 food industry companies regarding the lack of Prop 65 warnings in restaurants and stores selling coffee. The problem is the potential presence of acrylamide when coffee...more
Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published...more
California's Proposition 65 ("Prop 65") requires product manufacturers and sellers to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone in California to a chemical listed by the...more
On May 10, 2016, the Food and Drug Administration (FDA) issued a final rule extending its regulation of "tobacco products" to include electronic cigarettes and similar products, sometimes called Electronic Nicotine Delivery...more
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