On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....more
On December 6, 2024, OEHHA announced that amendments to the Prop 65 safe-harbor warning regulations have been approved and finalized. The amendments will be effective on January 1, 2025, and will allow Prop 65 warnings to...more
If the first two waves of PFAS litigation focused on impacts to natural resources—namely groundwater—and personal injury claims alleging exposure to PFAS, the third wave of PFAS litigation has certainly arrived.
Originally...more
11/26/2024
/ Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
Corporate Counsel ,
Environmental Litigation ,
Manufacturers ,
Negligent Misrepresentation ,
PFAS ,
Proposition 65 ,
Reporting Requirements ,
Supply Chain ,
Toxic Substances Control Act (TSCA)
There has been a recent increase in the number of Prop 65 60-Day Notices targeting diethanolamine in cosmetics. Diethanolamine is generally used in cosmetics as an emulsifier and to adjust pH, and it was listed under Prop 65...more
On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more
On June 12, 2024, in Personal Care Products Council v. Bonita (No. 23-1006), the U.S. District Court for the Eastern District of California issued a preliminary injunction regarding enforcement of Prop 65's warning...more
On May 10, 2024, OEHHA issued a notice of proposed rulemaking to adopt a Proposition 65 No Significant Risk Level (NSRL) for titanium dioxide (airborne, unbound particles of respirable size). This chemical was listed as a...more