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Proposed Regulatory Changes to Safe Harbor Warning Provisions

All consumer products and food products sold or distributed into the State of California may soon be subject to new scrutiny for chemical exposure warnings Revisions to a critical environmental law regarding warnings for...more

Crack in the Dam that Shields Online Retail Platforms from Liability for Defective Products from Third-Parties

On August 13, 2020, in a case involving an Amazon customer injured by a defective battery purchased online, the California Court of Appeal overturned a trial court ruling that had determined Amazon was a mere provider of...more

Wait a New York Minute – Is California’s Prop 65 Chemical Warning Statute Making its Way out East?

Earlier this year, New York Governor Andrew Cuomo announced a proposal to add stringent labeling requirements for certain products sold in New York through the “Consumer Right to Know Act” (the “Proposed Act”). ...more

Are you on the Prop 65 “Bounty Hunter” Radar? Beware, Online Sale of Wine Into California Could Cost You $2500 a Pop!

In the last few weeks, Plaintiff John Devlin has initiated more than 50 Notices of Violation or “Threatened Violation” under California's Safe Drinking Harbor and Toxic Enforcement Act of 1986 ("Prop 65") alleging multiple...more

Are Your Food Products in Compliance With the New Prop 65 Requirements?

New revisions to the warnings provisions required by California’s Prop 65 regulations will take effect August 30, 2018. If applicable, the revisions will change the way companies assess and label the food products they...more

Is your Company in Compliance with the New Warning Regulations under California’s Proposition 65?

All consumer products sold or distributed into the State of California may be subject to new chemical warning regulations that go into effect in three months....more

Is Your Company Ready for the New Prop 65?

One year from now, companies that do business in California will have to comply with new warning regulations under the state’s Safe Drinking Water and Toxic Enforcement Act (“Proposition 65”)....more

Grace Period Ends Soon for California Companies with Products Containing BPA

On May 11, 2016 products that contain Bisphenol A (BPA) manufactured, sold or distributed in California, without a proper warning, will be fair game for a Notice of Intent to Sue issued under the state’s Safe Drinking Water...more

Operating a Well in California May Automatically Put You At Risk for a Prop 65 Lawsuit

California's Proposition 65 is notorious for its duty-to-warn requirement, which states that a business must give a clear and reasonable warning prior to exposing people to certain levels of any listed chemical. The warning...more

New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings...more

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