California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...more
5/7/2025
/ Chamber of Commerce ,
Constitutional Challenges ,
First Amendment ,
Food Manufacturers ,
Food Safety ,
Hazardous Substances ,
Pending Litigation ,
Product Labels ,
Proposition 65 ,
Summary Judgment ,
Toxic Chemicals ,
Warning Labels
The Food Safety Modernization Act (FSMA) overhauled the nation’s food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA)...more
On August 30, 2018, new “Proposition 65” regulations went into effect drastically changing the way businesses must operate in California to comply with the state’s Safe Drinking Water and Toxic Enforcement Act of 1986. Under...more
The perils of Prop 65 claims are well-known to most food and beverage companies around the world. Through its one-of-a-kind labeling law, California regulates thousands of businesses that sell consumer goods to Californians,...more
Proposition 65 Update -
1. Ethylene Glycol Added as a Listed Chemical.
The California Office of Environmental Health Hazard Assessment (OEHHA) has added Ethylene Glycol (ingested) (CAS No. 107-21-1) to the list of...more
The Consumer Product Safety Act (15 United States Code Section 2052) defines the term “consumer product” as any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a...more
The controversy continues regarding changes to food labeling laws. In a proverbial nutshell, the issue is whether food products containing genetically modified organisms (GMOs) should include labels that disclose that the...more
In 1986, Californian’s adopted Proposition 65 (Prop 65). The law was intended to act as a labeling law to require a clear and reasonable warning to consumers about the presence of State-listed chemicals in consumer products...more
OSHA has updated its reporting and recordkeeping rules for employers. The key item to note is that all employers (regardless of size or number of employees) must now report serious workplace injuries involving hospitalization...more
The EPA published a final rule on March 6th that clarifies the requirements for the construction industry to use best management practices (BMPs) to control stormwater and minimize soil erosion and pollutant discharges. The...more
In 2009, Vermont enacted Act 61 (9 V.S.A. § 2971) limiting “brominated” flame retardants—sometimes called PBDEs—in certain consumer products. Concerns have been raised about these chemicals’ effects on the human nervous and...more
EPA regulates wood stoves with a firebox volume of less than 20 cubic feet, an air to fuel ratio of less than 35 to 1, a burn rate of less than 5 kg/hr and a total weight of less than 800. The New Source Performance Standard...more
Maryland this week pased House Bill 00. This bill prohibits a person from importing, selling, or offering for sale any child care product that contains more than one-tenth of 1% (by mass) of tris (2-chloroethyl) phosphate...more
The CPSC continues to take steps to agressively enforce product safety compliance at U.S. ports. The agency reported that it stopped nearly three million units of consumer products that violated U.S. safety rules from...more