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Weekly Notable Ruling Roundup - January 2024

National Association of Wheat Growers, et al. v. Rob Bonta, - No. 20-16758 (9th Cir.—November 7, 2023): The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in the plaintiffs’ favor. The panel held...more

Will The New Year Finally Bring FDA Guidance on CBD?

As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s...more

California State Appeals Court Affirms Bong Maker’s Win in Prop. 65 Suit

A California state appeals court affirmed a bong maker’s win in a suit alleging it violated California’s Proposition 65 (Prop. 65) by failing to warn consumers that its products expose them to marijuana smoke that could cause...more

California Regulators Propose Tailored Proposition 65 Warnings for Cannabis Products

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis...more

California Regulators Seek to Limit Use of Short-Form Proposition 65 Warnings

On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings. Proposition...more

Proposition 65’s Imminent Enforcement Date for THC: Is Your Cannabis Business Ready?

Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with...more

An Introduction to California's Proposition 65: What is Proposition 65?

Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...more

Coffee Regulations Offer Affirmative Defense in Proposition 65 Suit

On July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings. Better known as Proposition 65, the California’s...more

Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more

Proposition 65 Labeling Obligations Anticipated for CBD Products Containing THC

California’s Office of Environmental Health Hazard Assessment (OEHHA) added ?9-tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. Proposition 65,...more

Industry Insights: Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail Sellers

California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more

Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail Sellers

California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more

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