Buchalter can assist by providing you with recommendations for testing laboratories, detailed analysis of state and federal PFAS regulations, create compliance programs tailored to meet regulatory requirements, assist in the...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
By: Neusha Etemad and Anne Marie Ellis CDA Background Section 230 of the Communications Decency Act (CDA) was enacted in 1996 to provide websites with immunity from liability arising from posting third-party content. For a...more
On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website...more
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
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
On May 5, 2020, two (2) relatively rare notices of violation involving marijuana smoke were filed with the California Department of Justice. I refer to them as rare, because in the one year period prior to these notices (May...more
During this unprecedented period of COVID-19, we strive to provide our clients with the most accurate and up to date information regarding the status of court operations. To that end, below is a chart with the local court...more
4/1/2020
/ Business Litigation ,
Commercial Court ,
Coronavirus/COVID-19 ,
Courthouses ,
Criminal Prosecution ,
Emergency Management Plans ,
Judicial Proceedings ,
Jury Trial ,
Pending Litigation ,
State and Local Government ,
White Collar Crimes
New year, same notices! Prop. 65 filings have not slowed down, and predictably, the same chemicals are being targeted by noticing parties.
In my survey of notices filed between December 15, 2019 and the present date, there...more
1/20/2020
/ Consumer Product Companies ,
Distributors ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Manufacturers ,
Notice of Violation ,
OEHHA ,
Proposition 65 ,
Retailers ,
Supply Chain ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
My review of recently filed notices of violation, affirms that many of the same noticing parties and counsel are still on the hunt for low dollar consumer items that contain phthalates. There has been an interesting...more
7/8/2019
/ Automotive Industry ,
Dietary Supplements ,
Food Manufacturers ,
Manufacturers ,
Nutritional Supplements ,
OEHHA ,
Personal Care Products ,
Proposition 65 ,
Retailers ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
I hope your 2019 is off to a good start! I have been tracking Prop. 65 filings this year, and it is evident that many of the usual products (general consumer products), chemicals (lead and phthalates), noticing parties and...more
For those of you who are getting ready for the holidays, be aware that the Prop. 65 website is now warning consumers about potential exposures to chemicals in holiday lights. In particular, OEHHA advises that some holiday...more
Proposition 65 (often referred to as “Prop 65”) is an environmental health law enacted in California as the “Safe Drinking Water and Toxic Enforcement Act” in 1986. Despite this official title, the scope of Prop 65 regulates...more
10/24/2018
/ Chemicals ,
Distributors ,
Health Care Providers ,
Internet Retailers ,
Manufacturers ,
New Rules ,
OEHHA ,
Proposition 65 ,
Retailers ,
Safe Harbors ,
Supply Chain ,
Toxic Chemicals ,
Warning Labels
It has been over six weeks since the new changes to California’s Proposition 65 (“Prop 65”) took effect. This update summarizes my review of the recent 60-day Notices of Violation. The Plaintiff’s bar is out with a vengeance,...more
It has now been over a week since the changes to Prop. 65 took effect on August 30th! A review of notices of violations filed in the past week, indicate a trend toward food products and consumer household goods. For example,...more
It has now been over a week since the changes to Prop. 65 took effect on August 30th! A review of notices of violations filed in the past week indicate a trend toward food products and consumer household goods. For example,...more
Proposition 65 (often referred to as “Prop 65”) was enacted in California in 1986 as the “Safe Drinking Water and Toxic Enforcement Act.” Despite this official title, the scope of Prop 65 regulates far more than just water...more
7/2/2018
/ Internal Audit Functions ,
Internet Retailers ,
Manufacturers ,
New Regulations ,
Notice of Violation ,
OEHHA ,
Proposition 65 ,
Retailers ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
On Monday, June 11, 2018, a Colorado District Court Judge tossed a U.S. Consumer Product Safety Commission’s recall order on due process grounds. The Court found that Commissioner Robert Adler’s previous statements showed...more
Federal Motor Vehicle Safety Standards normally prohibit a person from selling any motor vehicle or motor vehicle equipment that does not comply with federal motor laws, including EPA emissions standards and FMVSS safety...more
It appears that football bans are slowly dying. As I previously discussed, California, along with Illinois, New York, and Maryland proposed bills to ban tackling in youth football earlier this year. Please see Law360 article...more
As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand...more
12/14/2016
/ Acquisitions ,
Artificial Intelligence ,
Avoidance ,
Bankruptcy Code ,
Blockchain ,
Commercial Tenants ,
Debt Financing ,
Emerging Technology Companies ,
Insolvency ,
Jurisdiction ,
Letter of Credit ,
Litigation Strategies ,
Preferential Transfers ,
Record Preservation ,
Startups ,
Technology Sector ,
Virtual Reality