Warning Labels Proposition 65

News & Analysis as of

Mark Your Calendars: BPA Prop 65 Warnings Required as of May 11, 2016; Styrene Also Added to the Prop 65 List

Earlier this month, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) issued a Notice of Emergency Action to allow temporary use of a standard point-of-sale warning message for bisphenol A (“BPA”)...more

Turmoil for Food Brands: New Prop 65 Warning Requirement for BPA in Packaging

Just three weeks before new Proposition 65 warning requirements for BPA kick in, OEHHA has adopted emergency regulations that specify responsibilities for food manufacturers, retailers and others offering canned and bottled...more

Efforts to rein in Proposition 65 abuse have gone awry

The lofty goal of Proposition 65 was to incentivize manufacturers, importers, distributors, wholesalers and retailers to reformulate their products so that consumers were not needlessly exposed to "listed chemicals" (the term...more

OEHHA Proposes New Prop. 65 Warning Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA) has released another draft of its proposed amendments to the Proposition 65 warning regulations. This is the third draft OEHHA has released for public...more

Prop. 65 Warning Requirement for BPA Takes Effect May 11

The California Proposition 65 warning requirement for Bisphenol-A (BPA) takes effect on May 11, 2016. After May 10, products that contain BPA sold in California without a Prop. 65 warning could subject retailers,...more

Proposition 65: OEHHA Proposes Revisions to Its Proposed Proposition 65 Warning Regulations

On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) modified its November 27, 2015, proposed rule that would repeal and replace the Proposition 65 (Prop 65) Article 6 regulations...more

I See a Prop 65 Label On This Product, But What Does It Mean? New California Website to Explain

At the beginning of 2016, the State of California (OEHHA) adopted a new regulation to give itself authority to create and operate a website to provide information about the Prop 65 labels the public sees on everyday products...more

OEHHA Issues Additional Modifications to Proposition 65 Article 6: Clear and Reasonable Warning Requirements

On March 25, 2016, the California Office of Environmental Health and Hazard Assessment (“OEHHA”) released a Notice of Modification to Text of the Proposed Repeal and Adoption of a New Article 6 Clear and Reasonable Warning...more

A Proposition 65 Violation May Be Lurking in Your Cash Register Receipt

Many consumer-facing businesses have learned to identify high-risk Prop 65 targets: soft, flexible plastics; faux and colored leathers; and any kind of brass or metal that may contain lead or other heavy metals. But...more

Short Comment Period for Revised Prop 65 Warning Regulations

On Friday, March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) released another set of proposed revisions to the Prop 65 warning label regulations. The comment period is very short – only...more

California Proposes Emergency Regulation to Ease the Prop 65 Warning Burden on Canned and Bottled Food and Beverage Products

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) added Bisphenol A (“BPA”) to the Proposition 65 (“Prop 65”) list as a chemical known to cause reproductive toxicity, on May 11, 2015. Prop 65 provides...more

Important Developments for Prop 65 Application to BPA

California’s Office of Environmental Health Hazard Assessment takes action to address BPA exposures and upcoming warning requirements under Proposition 65. On March 17, California’s Office of Environmental Health Hazard...more

Prop 65 Regulatory Activity Raises New Compliance Questions for Industry

Summary: This post explores recent developments in California under Prop 65, including programmatic changes, new chemical listings, and related litigation. Companies that operate in California should be aware of these...more

Deadline Approaching for Prop 65 Compliance for Bisphenol A

Effective May 11, 2016, manufacturers that make products containing Bisphenol A (“BPA”) will be required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65.” More...more

California Adopts Additional Phthalate Proposition 65 Safe Harbor Limit - Agency Rejects Calls for Higher (and Lower) Limit

California’s Office of Administrative Law has amended the list of regulatory safe harbor levels under Proposition 65 to include the chemical diisononyl phthalate (DINP), setting the limit at 146 micrograms per day...more

The Year Ahead in Chemicals Regulation

Companies that manufacture and distribute chemical products across the value chain in the U.S. need to be aware of several legal developments with the potential to impact their business in the year ahead....more

Product Liability Alert: Changes to California Prop. 65 Warning Requirements May Create New Pitfalls for Consumer Businesses – Key...

California’s Proposition 65 requires businesses to provide “clear and reasonable” warnings when they “expose” Californians to listed chemicals identified by the state to cause of cancer or reproductive harm (currently, over...more

Proposition 65: OEHHA Repeals and Re-Proposes Revisions to Proposition 65 Warning Regulations

On November 27, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) took two actions: (1) it withdrew its proposed rule issued on January 16, 2015, that would have repealed and replaced the existing...more

California Changes Course in Amendments to Proposition 65 Warning Label Requirements

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

California Issues New Draft of Proposition 65 Warnings Overhaul - Significant Changes Respond to Public Comment

In January 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the most significant revisions to the Proposition 65 warning regulations since the 1980s. Not surprisingly, OEHHA received...more

New Draft Prop. 65 Warning Regulations: What Manufacturers and Suppliers Need to Know

On November 24, 2015, the Office of Environmental Health Hazard Assessment (“OEHHA”) issued proposed revisions to its January 15, 2015 draft Prop. 65 warning regulations. 27 CCR §§25600 et seq. The full text of the new draft...more

After Years of Starts and Stops, OEHHA Commences New Rulemaking to Change the Prop 65 Product Label Requirements

After nearly a year of heavy industry opposition and objections to the proposed draft regulations requiring all manufacturers selling goods in California to change their Prop 65 product label warnings, the California Office...more

Another Major Earthquake: California Creates Big Fissures in Proposition 65 Regulations – Proposals Could Shatter Defenses

In the midst of making Proposition 65’s longstanding warning regulations far more onerous, and vexatious litigation far more likely, California’s Office of Environmental Health Hazard Assessment (OEHHA) has unveiled still...more

International Food Law Gazette - July 2015

King & Spalding is pleased to provide this first edition of the International Food Law Gazette, a publication of our Food & Beverage Group. For decades, King & Spalding has closely advised leading food, beverage and dietary...more

Proposition 65 – New Requirements

Proposition 65 Update - 1. Ethylene Glycol Added as a Listed Chemical. The California Office of Environmental Health Hazard Assessment (OEHHA) has added Ethylene Glycol (ingested) (CAS No. 107-21-1) to the list of...more

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