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Maryland and Washington Join Growing List of States with Packaging EPR Laws

Maryland and Washington have joined the growing list of states enacting extended producer responsibility (EPR) laws for packaging and paper products. These laws shift the cost of recycling these materials from the consumer...more

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more

Sherry Jackman Shares Insights on the Food & Beverage Industry in 2025 with L.A. Times Studios

Environmental and Regulatory Compliance Partner Sherry Jackman participated in the L.A. Times Studios’ Food & Beverage Industry Roundtable. Sherry was one of three leading food and beverage industry experts to share her...more

Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs

California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more

Countdown to Compliance: California’s New “Recyclable” Labeling Law

The 18-month clock is now ticking for businesses to comply with California’s Senate Bill (SB) 343, also known as the “Truth in Recycling” law, which addresses permissible recyclable claims. In 2021, California passed SB 343,...more

Moving Targets: Multi-State EPR Packaging Laws—Key Updates & Deadlines

Across the country, states are enacting so called “Extended Producer Responsibility” (EPR) laws aimed at reducing plastic waste and shifting the cost of recycling these plastics from the consumer back to the producer. This is...more

[Webinar] Beyond Chevron: Courts vs. Agencies in a New Era - March 26th, 10:00 am - 11:00 am PDT

Join us for an engaging discussion on the implications of the end of Chevron deference. We will explore how this shift affects the dynamic between courts and agencies in interpreting statutes. Gain insights into the future of...more

When Wildfire Toxins Contaminate Stormwater: Essential IGP Compliance Steps

On February 14, 2025, the California State Water Resources Control Board (State Water Board) issued a compliance guidance letter for industrial facilities subject to the Statewide Industrial Stormwater General Permit (IGP)...more

Beyond Chevron: Courts vs. Agencies in a New Era

The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This landmark case dismantles the Chevron deference standard,...more

California Proposition 65: Approved Changes Overhaul Safe Harbor Warnings

On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more

California Leads with New Food Safety Laws

California has taken a major step in food safety and sustainability with the passage of Assembly Bill 660 (AB 660) and the California School Food Safety Act (AB 2316), signed into law by Governor Gavin Newsom on September 28,...more

12/2/2024  /  California , Food Labeling , Food Safety

Prop. 65 Halloween Special: More Tricks than Treats for California Restaurants

It’s been more tricks than treats this season for restaurants located in California. In the past few weeks, there have been over 100 California Proposition 65 60-day notices of intent to sue issued on behalf of claimant...more

Finalized Acrylamide Warnings and Related Legal Showdown

This week, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the proposed Prop. 65 additional safe harbor warning options for acrylamide have become final. The safe harbor options will be included in...more

California Prop 65 Suit Targets PFAS in Feminine Care Products

On Monday, consumer group, Ecological Alliance, LLC, filed a lawsuit against the makers of the Carefree brand of menstrual liners, Edgewell Personal Care Brands, LLC, alleging that the liners contained perfluorooctanoic acid...more

Stronger Building Standards and Impacts on Property Insurance, Development Financing, and Affordability:

As climate change continues to shape the real estate landscape, developers and insurers alike are feeling the impact. Stronger building standards, aimed at mitigating risks from wildfires, floods, and sea level rise, may...more

Will Makeup Get a Makeover?: Titanium Dioxide in Cosmetics

UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more

[Webinar] Environmental NOVs: Decode, Respond, and Prevail - January 25th, 10:00 am - 11:00 am PST

This webinar will delve into environmental Notices of Violation (NOVs) issued by government agencies, private entities, and citizen groups. - Explore the various NOV categories - Gain insights into NOV interpretation ...more

OEHHA Proposes Sweeping Changes to California’s Proposition 65 Warning Requirements

On October 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, proposed significant changes to the Proposition 65...more

What Businesses Need to Plan for in 2024

From the shifts in e-commerce litigation to the impending implementation of the Corporate Transparency Act, below are some key legal updates that are crucial for businesses to be aware of as 2024 approaches... Originally...more

U.S. Supreme Court Declines to Review Decision Blocking Prop. 65 Acrylamide Cancer Lawsuits

For those following the acrylamide saga (see, e.g., our earlier blog post), on Monday of this week, the U.S. Supreme Court declined to review the injunction blocking new Prop. 65 lawsuits as to cancer warning labels on foods...more

“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions

Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...more

California’s Proposition 65: New “Safe Harbor” Warning Option for Acrylamide

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years. As we previously...more

[Webinar] Greenwashing and its Dirty Consequences - January 24th, 10:00 am - 11:00 am PST

This panel will review the regulatory framework, business risks, and litigation risks associated with green marketing, “greenwashing,” and false and misleading advertising. We will also discuss the basics of the...more

Here at Last! DTSC’s 2022 Vapor Intrusion Advisory

Last month, the California Department of Toxic Substances Control (“DTSC”) issued its long-awaited “Vapor Intrusion Update” (“Advisory”) which is intended to guide the selection of attenuation factors (“AFs”) at contaminated...more

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