2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or...more
Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more
11/15/2023
/ Appeals ,
California ,
Chemicals ,
Commercial Speech ,
Enforcement ,
Environmental Protection Agency (EPA) ,
First Amendment ,
Free Speech ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Warning Labels
California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California...more
12/14/2022
/ California ,
Cancer ,
First Amendment ,
New Legislation ,
New Regulations ,
New Rules ,
OEHHA ,
Proposition 65 ,
Public Comment ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
Many of us think of coffee as a morning essential, however, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether coffee must have a Proposition 65...more
3/11/2020
/ American Cancer Society ,
Beverage Manufacturers ,
Cancer ,
Chamber of Commerce ,
False Statements ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Motion to Dismiss ,
OEHHA ,
Proposition 65 ,
Scientific Evidence ,
Starbucks ,
State Attorneys General ,
Toxic Chemicals
The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted amendments to California Code of Regulations, section 25600.2 – the section titled “Responsibility to Provide Consumer Product Exposure...more
1/30/2020
/ Amended Regulation ,
Consumer Product Companies ,
Corporate Counsel ,
Distributors ,
Manufacturers ,
Notice Requirements ,
OEHHA ,
Proposition 65 ,
Retailers ,
Supply Chain ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65.
Over a year after adopting new...more
3/9/2018
/ Corporate Counsel ,
Health and Safety ,
Internet Retailers ,
New Guidance ,
New Regulations ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Safe Harbors ,
Warning Labels ,
Website Warnings ,
Websites
What is Prop 65? -
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more