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Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

Beyond Licensing: Prop 65 Liability Risks for California Cannabis Companies

California has finally ushered in the era of state-licensed cannabis, and cannabis is now a commercial product much like any other (well, at least in the state’s eyes). Forward-thinking companies will not rest on their...more

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

by Morrison & Foerster LLP on

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

California Issues Clarifications to Proposition 65 Regulations Going into Effect Next Summer

by Husch Blackwell LLP on

On December 6 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice indicating the approval of amendments to Proposition 65’s “clear and reasonable warnings” regulations. OEHHA issued...more

California Grocer: Brewing Debate in California Proposition 65 Coffee Action Coming to a Close

by Downey Brand LLP on

For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more

WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention

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

Prop 65: 9 chemicals added to California’s list for required warnings

by Thompson Coburn LLP on

During 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) added nine compounds to its list of chemicals that product manufacturers are required by law to disclose to consumers. The disclosure...more

Food & Ag Weekly Round-Up: January 4, 2018

by Husch Blackwell LLP on

CBC News discussed a national plan in Canada to reduce antibiotic use in farm animals....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

by Morrison & Foerster LLP on

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”

by Morrison & Foerster LLP on

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

California Enacts Legislation in an Attempt to Level the Playing Field in Proposition 65 Enforcement Actions

by Downey Brand LLP on

On October, 5, 2017, Governor Brown announced that he signed AB 1583 into law. AB 1583, authored by Assemblymember Ed Chau, a democrat from Monterey Park, is intended to promote transparency in Proposition 65 private...more

Consumer Product Update - California's Green Chemistry Initiative Looks for New Products to Regulate

by Morrison & Foerster LLP on

On October 6, 2017, the California Department of Toxic Substances Control (DTSC) announced it is seeking public comment on its new 2018-2020 Priority Product Work Plan (Work Plan) under its Safer Consumer Products (SCP)...more

Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017

by Downey Brand LLP on

On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more

Cannabis Prop 65 Liability: Lessons Learned from the Dietary Supplement Industry

by Wilson Elser on

The cannabis industry appears to be next on the liability “hit list” under California’s notorious Proposition 65 statute. In June 2017, more than 700 Prop 65 notices were served on California cannabis businesses. Companies in...more

U.S. Environmental Protection Agency Office of Inspector General Project Notification: Evaluation of Importers' and Manufacturers'...

The United States Environmental Protection Agency (“EPA”) has issued an August 22nd Project Notification titled: Evaluation of Importers’ and Manufacturers’ Chemical Data Reporting Under the Toxic Substance Control...more

WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?

by Wilson Elser on

After many years of debate, consideration and public input, California’s new regulations go into effect on August 30, 2018, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 - commonly known as Prop 65....more

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

by Morrison & Foerster LLP on

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

At the One-Year Mark, the EPA’s Existing Chemical Review Process is Taking Shape: What Does That Mean for Your Business?

On Thursday, June 22, 2017, the Environmental Protection Agency (EPA) announced a series of actions implementing its new authority to review the safety of chemicals already in U.S. commerce under the recently amended Toxic...more

California Adds New Priority Consumer Product for Green Chemistry Regulation

by Morrison & Foerster LLP on

California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam (SPF) Systems containing...more

TSCA Amendment: Upcoming Inventory Rule

by Foley & Lardner LLP on

On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Amendment), which amends the Toxic Substances Control Act (TSCA), was signed into law. Under this amendment, EPA was authorized, amongst...more

California Issues New Guidance for Alternatives Analysis for Safer Consumer Products

by Morrison & Foerster LLP on

California’s Green Chemistry Initiative has taken another step forward with proposed guidance on how to perform the required “alternatives analysis” by manufacturers of certain consumer products sold in the state. The...more

EPA Selects First 10 Chemicals for TSCA Risk Evaluations

by King & Spalding on

A Set of "Blueprints" for Future Reviews? - In satisfaction of a mid-December deadline under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has issued the required initial list of ten “high...more

Toxic Substances and Control Act Overhaul

Under the recently amended Toxic Substances and Control Act (TSCA), EPA is bound by new requirements and enforceable timetables to complete risk assessments for chemicals manufactured, distributed and imported to the United...more

Regulatory Burdens On Retailers Continue to Evolve

by Snell & Wilmer on

In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more

Landmark Reform of Federal Chemicals Law Will Significantly Impact Chemical Manufacturers and Users

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety Act for the 21st Century Act (“Lautenberg Act”), a sweeping and historic overhaul of our nation’s primary chemical management law, the...more

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