News & Analysis as of

Safe Harbors Proposition 65

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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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

Alston & Bird

California Modifies Proposed Amendments to Proposition 65’s Warning Requirements

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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

Troutman Pepper

California Considers Modifying Prop 65 Warning Requirements (Again)

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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

ArentFox Schiff

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements

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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

Alston & Bird

New Changes to Proposition 65’s Warning Requirements Are on the Horizon

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Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more

Kelley Drye & Warren LLP

The California Prop 65 Acrylamide Saga Continues

Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years...more

Sheppard Mullin Richter & Hampton LLP

California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide In Foods Turns Up the Heat In Ongoing First Amendment...

California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California...more

Jenner & Block

New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges

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On September 16, 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) submitted to the California Office of Administrative Law (OAL) a revised Proposition 65 warning label requirement for the use of...more

ArentFox Schiff

Modifications to Proposition 65 Short-Form Warnings on Pause – New Regulatory Proposal to Come

ArentFox Schiff on

On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65...more

ArentFox Schiff

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings

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California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings - The National Law Review - On April 5, 2022, the California Office of Environmental Health Hazard Assessment...more

Bergeson & Campbell, P.C.

OEHHA Announces Modification to Proposed Regulation on Safe Harbor Warnings for Glyphosate and Addition of Documents to Rulemaking...

On April 13, 2022, the Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Modification to Proposed Regulation on Safe Harbor Warnings for Glyphosate and Addition of Documents to Rulemaking File...more

Husch Blackwell LLP

OEHHA Proposes (Additional) Changes to Prop 65 Short Form Warnings - UPDATED 2022

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About a year ago, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short form warning rules for Proposition 65. Proposition 65 requires businesses to warn Californians about exposure to...more

Wiley Rein LLP

OEHHA’s Prop 65 Proposal Signals Short Life Span for Short Form Warning

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California’s Office of Health Hazard Assessment (OEHHA) issued a notice on Dec. 13th that proposes a surprising number of changes to the simple short form warning approach under Proposition 65. The proposal presents another...more

Husch Blackwell LLP

OEHHA Proposes (additional) Changes to Prop 65 Short Form Warnings

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About a year ago, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the short form warning rules for Proposition 65. Proposition 65 requires businesses to warn Californians about exposure to...more

Foley & Lardner LLP

California OEHHA Proposes New Safe Harbor Warnings for Acrylamide in Foods

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On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more

Hahn Loeser & Parks LLP

California’s Proposition 65: Proposed Amendment Would Restrict Use Of Short-Form Warning

California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed an amendment to the content and conditions of use of Proposition 65 (“Prop 65”) short-form warnings. The proposal, which has not yet been adopted,...more

Kelley Drye & Warren LLP

Court Injunction Hints at Prop 65 Relief for Acrylamide in Foods

In the latest of a string of potentially ground-altering developments under California’s Proposition 65, a federal judge has temporarily enjoined plaintiffs from initiating new cases alleging failure to warn for foods and...more

Greenberg Glusker LLP

The Ever-Shifting Landscape of Prop 65 Acrylamide Regulation

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It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental...more

Womble Bond Dickinson

The Perilous Seas of Prop 65: Safe Harbors Should Not Be Controversial

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Should companies be forced to label their products as containing chemicals “known” to cause cancer despite controversial scientific information? A federal court in California doesn’t think so. On March 29, the U.S. District...more

Stoel Rives LLP

Prop 65 Changes Coming That Could Cause Headaches For Businesses

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If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a...more

Benesch

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific...

Benesch on

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65...more

Robinson+Cole Manufacturing Law Blog

California Regulators Propose New Regulations to Limit Use of “Short Form” Proposition 65 Warnings

Proposition 65 is the California law that requires warning labels on products sold to California customers that potentially expose users to certain chemicals which may cause a risk of cancer or reproductive harm. ...more

Farella Braun + Martel LLP

Cannabis and Hemp-Derived Products Subject to New Proposition 65 Warning Requirements in California

California’s regulatory framework for cannabis and hemp-derived products, including CBD, continues to evolve, most recently via updated Proposition 65 warning requirements that came into full effect Jan. 3, 2021. As of that...more

Greenberg Glusker LLP

WARNING: Ability to Use Proposition 65 Short-Form Warnings May be Short Lived

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The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed significant changes to the Proposition 65 warning requirements that may impact businesses’ Proposition 65...more

Buchalter

Major Changes Coming to Prop 65 “Short-Form” Warnings

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California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed sweeping changes to the popular “short-form” Proposition 65 warning. On January 8, 2021, OEHHA issued a proposal to amend Article 6 “Clear and...more

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