California’s proposed amendments to the Proposition 65 short-form warning requirements have been approved and are set to take effect on January 1, 2025. Businesses that use the current version of the short-form warning will...more
The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more
7/12/2024
/ Comment Period ,
Consumer Product Companies ,
Internet Retailers ,
Manufacturers ,
OEHHA ,
Proposed Amendments ,
Proposition 65 ,
Public Comment ,
Retailers ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
As a result of changes to the Proposition 65 warning requirements that went into effect in 2018 many businesses have chosen to use the “short-form” warning which does not require the identification of a specific chemical....more
Federal Made in U.S.A. Rule -
In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more
5/9/2022
/ Advertising ,
Beverage Manufacturers ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Livestock Protocol ,
Made in the USA ,
Manufacturers ,
Metals ,
New Rules ,
Product Labels ,
Proposition 65 ,
Recycling ,
Regulatory Oversight ,
Slack-Fill Suits
The Ninth Circuit has upheld a preliminary injunction stopping the filing or prosecution of new Prop. 65 lawsuits concerning acrylamide pending the outcome of a lawsuit by the California Chamber of Commerce challenging the...more
A California district court has granted the California Chamber of Commerce’s preliminary injunction motion and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food, pending the outcome...more
FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled -
On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which...more
2/16/2021
/ Cannabidiol (CBD) oil ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
FSMA ,
New Legislation ,
New Regulations ,
Product Packaging ,
Proposition 65
The short form of the California Proposition 65 warning that appears on numerous consumer products may look different in the future. California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed several...more
Although under federal law CBD products are allowed to contain up to 0.3 percent THC, or Δ9-Tetrahydrocannabinol, no safe harbor level of exposure to THC has been established under Prop. 65. That means private enforcers can...more
Acrylamide in food products has been one of the most significant drivers for recent Proposition 65 enforcement actions, frustrating many in the food industry, particularly because acrylamide is not added to those products....more
FDA Issues New Rule Regarding Calorie Type Size Requirement on Vending Machine Products -
On October 25, 2019, the FDA issued a final rule revising the type size requirements for calorie labeling on foods sold in vending...more
3/31/2020
/ Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Class Action ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Health Claims ,
New Legislation ,
Proposition 65 ,
Slack-Fill Suits
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has finalized a highly anticipated Proposition 65 regulation relating to coffee. The regulation, California Code of Regulations Section 25704, takes...more
6/27/2019
/ Appeals ,
Cancer ,
Chemicals ,
Legal History ,
Manufacturers ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
Retailers ,
Starbucks ,
Stays ,
Warning Labels
Defendants in the Proposition 65 case against Starbucks and numerous other coffee manufacturers and retailers have indicated that they intend to file a motion to stay that action following a proposal by the California agency...more
Retailers and manufacturers should take steps now to ensure they are compliant with the new California Proposition 65 warning regulations that take effect on August 30, 2018.
Proposition 65 prohibits retailers and...more
California Proposition 65 litigation over acrylamide in food has been heating up lately, receiving national news coverage in anticipation of a ruling in a fiercely contested case involving exposure to acrylamide in...more
3/15/2018
/ Beverage Manufacturers ,
Cancer ,
Fast-Food Industry ,
First Amendment ,
Food Manufacturers ,
Monsanto ,
OEHHA ,
Proposition 65 ,
Starbucks ,
Toxic Chemicals ,
Warning Labels
The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...more
The next wave of lawsuits involving California Proposition 65 and food products may allege exposure to furfuryl alcohol, a chemical commonly found in a wide variety of thermally processed foods and listed as a carcinogen...more
Chicago Partners Susan Brice and Thor Ketzback, along with San Francisco Associates Merrit Jones and Thomas Lee, presented on "Toxic" Tort Food Litigation: The Truth Behind the Headline, May 4, via a live presentation in our...more
Companies that do business in California should be familiar with Proposition 65, which prohibits knowingly and intentionally exposing consumers to a chemical known to the state to cause cancer or reproductive harm without...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has extended for another year the regulation allowing businesses to provide a Prop. 65 point-of-sale warning for bisphenol A (BPA) in canned and bottled...more
The Prop. 65 Clearinghouse held its annual conference in San Francisco recently, and the speakers and panelists had a number of recommendations for both retailers and manufacturers following the adoption of Proposition 65’s...more
UK retailers, like all businesses, are facing several years of uncertainty following the Brexit vote.
This uncertainty will not be alleviated until the terms of the UK’s withdrawal from the European Union are defined and...more
9/19/2016
/ Corporate Counsel ,
Counterfeiting ,
Digital Single Market ,
EU ,
Facebook ,
Internet Service Providers (ISPs) ,
Labor Code ,
OEHHA ,
Proposition 65 ,
Retailers ,
UK Brexit ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) has adopted new Proposition 65 warning regulations. The new regulations will take effect in two years, on August 30, 2018. In the interim, businesses may...more
Following a failed legal challenge by Syngenta Crop Protection, California’s Office of Environmental Health Hazard (OEHHA) has announced that it has added a group of broadleaf herbicides to the list of chemicals under...more
Sedaxane and styrene are among the latest chemicals to be listed by California as requiring a Prop. 65 warning. Sedaxane is a seed treatment fungicide. It was listed under Prop. 65 as a carcinogen on July 1, and the warning...more