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California Proposes to Adopt Regulations Undermining Key Proposition 65 Defense Used by Food Companies

The California Office of Environmental Health Hazard Assessment (OEHHA) has issued a proposed rulemaking package that, if adopted, will change two critical statutory interpretations that food companies have successfully used...more

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

Last Monday, February 26, 2018, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide...more

California’s Green Chemistry Agency Issues Its Draft 2018-2020 Three-Year Priority Product Work Plan

On February 8, 2018, the California Department of Toxic Substances Control (DTSC) released a Draft Three-Year Priority Product Work Plan (2018-2020) (new Work Plan) under its Safer Consumer Products (SCP) Program. The SCP...more

Expiring Soon: Temporary BPA Warning Regs Under Prop 65

With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires...more

Full Disclosure: New Labeling for Cleaning Products

On October 15, 2017, California Governor Jerry Brown signed into law Senate Bill 258, known as the Cleaning Product Right to Know Act of 2017 (the “Act”). The Act requires manufacturers of most cleaning products sold in...more

Proposition 65 Legislative Changes Likely “Lack Merit”

On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 1583 into law. It was promoted as a means of reducing frivolous Proposition 65 (Prop 65) lawsuits, but, as discussed below, it is doubtful that it will...more

Proposition 65: New “Naturally Occurring” Level Proposed for Rice

The California Office of Environmental Health Hazard Assessment (OEHHA) recently proposed levels of inorganic arsenic in rice that would be deemed “naturally occurring” and thus exempt from the Proposition 65 warning...more

Warning: New Proposition 65 Warning Regulations Taking Effect

A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for...more

WARNING: California Adopts New Proposition 65 “How to Warn” Rules

Last Friday, the state published the first major changes to the Proposition 65 regulations in more than a decade. The sweeping changes rewrite the “safe harbor” warning regulations and, in doing so, create a new set of...more

California Unveils Its First Green Chemistry Regulations for Children’s Foam-Padded Sleeping Products with Fire Retardants

Following up on the breakthrough amendments to the federal Toxic Substances Control Act (TSCA), California has reasserted its intention to proceed with its Green Chemistry Initiative to require substitution of safer chemicals...more

The Toxic Substances Control Act Amendments May Do Little to Relieve California Headaches for Businesses

Business groups largely supported the Toxic Substances Control Act (TSCA) Amendments?recently signed into law by President Obama—in order to address concerns about the emergence of varying state-by-state requirements that...more

Federal Toxics Law Grows Up: Congress Strengthens the Toxic Substances Control Act

OVERVIEW - President Obama has signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substances Control Act (TSCA) for the first time since it was enacted in 1976. The compromise...more

Risky Business: OEHHA to Require Prop 65 Data Submissions

The California Office of Environmental Health Hazard Assessment (“OEHHA”) has adopted new regulations that require businesses that make or use chemicals listed under Proposition 65 to provide certain information about the...more

Another Major Earthquake: California Creates Big Fissures in Proposition 65 Regulations – Proposals Could Shatter Defenses

In the midst of making Proposition 65’s longstanding warning regulations far more onerous, and vexatious litigation far more likely, California’s Office of Environmental Health Hazard Assessment (OEHHA) has unveiled still...more

Appellate Court Gets It Right: Realistic Product Use Data Can Be Used by Businesses to Defend Lawsuits

California’s First District Court of Appeal issued a unanimous and potentially far-reaching and precedent-setting decision on March 17, 2015, siding with businesses in our defeat of a lawsuit that sought to require cancer and...more

Proposed Prop 65 Rules Won't Please Calif. Businesses

California’s Proposition 65 warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the state’s large marketplace....more

CPSC’s Proposed Rule Would Expand Phthalate Ban

The Consumer Product Safety Commission (CPSC) recently published a long-awaited proposed rule that, if finalized in its current form, would permanently ban certain additional phthalates from children’s toys and child care...more

California Earthquake: “Proposition 65” About to be Rocked?

California’s “Proposition 65” warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the State’s large marketplace....more

For better or worse: OEHHA solicits input on Proposition 65 revisions

Introduction - Earlier in 2014 California's Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the state's controversial Proposition 65 law, released a pre-regulatory...more

For Better or Worse: California Solicits Input on Further Revisions to Its Proposition 65 Regulations

Earlier this year, California’s Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the State's controversial Proposition 65 law, released a “pre-regulatory” proposal to revise...more

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

Coming Christmas 2014: California Adds Another Phthalate Chemical to Its Proposition 65 List

With the 2013 holiday season behind us, the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) already appears to be looking forward to Christmas 2014. It has just wrapped and put a bow on next...more

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

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