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Warning Labels Proposition 65 Environmental Protection Agency (EPA)

ArentFox Schiff

Ninth Circuit Affirms that Businesses Have First Amendment Rights When It Comes to Proposition 65 Warnings

ArentFox Schiff on

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

Sheppard Mullin Richter & Hampton LLP

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

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

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

MG+M The Law Firm on

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

Allen Matkins

California Environmental Law & Policy Update - April 2021

Allen Matkins on

EPA expands analysis of new chemicals under TSCA - Chemical & Engineering News – March 30 - The U.S. Environmental Protection Agency (EPA) announced on March 29 that, when conducting risk assessments of new chemicals...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #4

Allen Matkins on

Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more

Womble Bond Dickinson

IARC’s “Probably Carcinogenic” Does Not Justify Warning Labels but Drives Litigation Uncertainty

Womble Bond Dickinson on

What happens when an international research agency decides that the most widely used herbicide in the world may cause cancer? Well, it depends. Are you asking a judge? Or jurors?...more

Buchalter

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

Buchalter on

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

Cozen O'Connor

EPA versus the State of California: An Important Glyphosate Update

Cozen O'Connor on

Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and...more

Bergeson & Campbell, P.C.

EPA Issues Guidance Regarding Prop 65 Labeling Requirements for Glyphosate Products and OEHHA Responds

On August 7, 2019, EPA took long awaited action concerning the inclusion of Prop 65 warning statements for glyphosate on EPA registered pesticide labels, which will likely impact the broader ongoing debate over EPA approval...more

Kelley Drye & Warren LLP

Prop 65 Battle Royale over Glyphosate: EPA vs. OEHHA

The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8...more

Allen Matkins

California Environmental Law & Policy Update - June 2019

Allen Matkins on

Focus - Major automakers back compromise on U.S. vehicle emissions rules, urge deal - Reuters – June 6 - In a letter to California Governor Gavin Newsom, a group of 17 major automakers, including General Motors Co,...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

Buchalter on

Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Allen Matkins

California Environmental Law & Policy Update - July 2018 #3

Allen Matkins on

Focus - Interior Department proposes a vast reworking of the Endangered Species Act - THE NEW YORK TIMES - Jul 19 The U.S. Department of the Interior on Thursday proposed the most sweeping set of changes in decades to...more

Downey Brand LLP

U.S. District Court Denies California Attorney General’s Request to Reconsider Holding that Proposition 65 Warnings for Glyphosate...

Downey Brand LLP on

On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider its decision in February that California cannot require...more

Downey Brand LLP

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Shumaker, Loop & Kendrick, LLP

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union...more

Snell & Wilmer

Regulatory Burdens On Retailers Continue to Evolve

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In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more

Farella Braun + Martel LLP

Update: Unraveling the Toxic Substances Control Act Reform Bill

In June, the U.S. Senate and House of Representatives passed the long-pending Toxic Substances Control Act (TSCA) reform legislation, which will bolster the government’s power to regulate a wide variety of chemicals. The bill...more

Morrison & Foerster LLP

The Toxic Substances Control Act Amendments May Do Little to Relieve California Headaches for Businesses

Business groups largely supported the Toxic Substances Control Act (TSCA) Amendments?recently signed into law by President Obama—in order to address concerns about the emergence of varying state-by-state requirements that...more

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