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PFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors

On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages. PFAS, commonly referred to as “forever...more

Diffusing the ‘Nuclear’ Verdict Through Strategic Defense

Runaway verdicts against large corporations are on the rise. Recently, ExxonMobil was hit with a $725 million verdict in a single-plaintiff case when the jury found that the company failed to warn consumers about the...more

California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more

PFAS Phaseout Bill Introduced in Congress as State and EPA Regulations Develop

Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective...more

Will California’s Proposed Acrylamide Warning Amendment Under Proposition 65 Pass Legal Muster?

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed additional safe harbor warnings for products containing acrylamide in response to recent litigation questioning the constitutionality of such...more

Class Action Year in Review: Wiretapping Update From Class Action to Mass Arbitration

In 2023, we saw the continued proliferation of class action lawsuits filed by “consumer watchdog” plaintiffs under state wiretapping laws, particularly the California Invasion of Privacy Act (CIPA), against website operators...more

Class Action Year in Review: Post-Saxon Anyone Can Claim to Be a Transportation Worker

It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more

ArentFox Schiff's 2023 Class Action Year in Review

ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Prop 65 Roundup - January 2024

California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more

Prop 65 Roundup - December 2023

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more

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

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

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements

On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, introduced its third attempt to amend the “short form” warning provisions of this widely...more

Prop 65 Roundup - November 2023

California Bans Several FDA-Authorized Food Additives; New York May Soon Follow - On October 7, California Governor Gavin Newson signed into law AB-418, the California Food Safety Act, which completely bans, on safety...more

Prop 65 Roundup - July 2023

CEH Takes Legal Action Against Five Metal Plating Facilities Discharging High Levels of PFAS Chemicals into the Environment in LA County - Cision PR Newswire - LOS ANGELES, June 12, 2023 - Nonprofit organization the...more

Top 10 Issues Facing Consumer Products Industry in 2023

1. Consumer Law Reforms - 2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more

Prop 65 Round-Up - February 2023

PFAS-Containing Consumer Products Under Attack in California - Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and...more

PFAS-Containing Consumer Products Under Attack in California

Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in...more

Class Action Year in Review

The Latest Trends and Developments in the Class Actions World - Labor & Employment- Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more

Prop 65 Roundup - January 2023

OEHHA Proposes Prop. 65 Cancer Listings For Solvent, Sealant Chemicals - California’s health hazard office is proposing to list three chemicals as carcinogens under the state’s Proposition 65 toxic warning label law,...more

1/18/2023  /  OEHHA , Proposition 65

Prop 65 Roundup - December

FDA joins industry groups in opposing Prop 65 cancer listing for BPA - Chemical Watch - The US Food and Drug Administration has joined a pair of industry trade groups in opposing the potential listing of bisphenol A as...more

Read the Label: Prop 65 News Roundup - October 2022

Cannabis Company Shuts Down Unpermitted Diesel Generators 2 Years Later - SFGATE - Cannery residents paired with environmental advocacy groups Center for Environmental Health and the Environmental Democracy Project to...more

Modifications to Proposition 65 Short-Form Warnings on Pause – New Regulatory Proposal to Come

On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65...more

Breaking News: California Break Premium Pay Can Trigger Waiting Time and Wage Statement Penalties

In addition, on a point with broader implications, the Supreme Court held that wage statements must include all wages earned, and not just wages paid, with any wages earned but unpaid possibly triggering penalties for an...more

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