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Prop 65: Changes to Short-Form Warnings Will Cause Long-Term Impacts

The California Office of Environmental Health Hazard Assessment (OEHHA) recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions...more

California OEHHA Proposes New Safe Harbor Warnings for Acrylamide in Foods

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

The Grace Period for Proposition 65 Cannabis and CBD Reproductive Harm Warning Expired On January 3 – Are Your Labels Compliant?

New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products...more

Has California Opened the Door to Bring Suit Against “Shill” Plaintiffs in Prop 65, ADA and Other Repeat-Plaintiff Litigation?

The California Court of Appeal recently ruled that a firm used a “shill plaintiff” in a failed suit over a “Made in the USA” label, potentially opening the door for suit against similar repeat plaintiffs in other types of...more

California Enacts New Warning Requirements Applicable to Cannabis and CBD Products

California’s Proposition 65 – which already poses daunting compliance challenges for a wide range of industries – is now set to apply more broadly to cannabis and cannabidiol (“CBD”) products. Beginning January 3, 2021,...more

Your Webpage Is About to Violate the Law -- And Other Changes to Prop 65 Warning Requirements

Big changes are coming to a regulation that, while well meaning, cost businesses selling products in California more than $50M in 2017 and similar amounts in prior years. California’s Safe Drinking Water and Toxic Enforcement...more

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