News & Analysis as of

California OEHHA

Farella Braun + Martel LLP

The looming BPS warning deadline, Chris Rendall-Jackson

On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

K&L Gates LLP on

Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more

Perkins Coie

California Announces Modifications to Prop 65 Short-Form Warning Regulations

Perkins Coie on

In response to numerous public comments, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced on June 13, 2024, modifications to the proposed amendments to the regulations governing so-called...more

Greenberg Glusker LLP

Will Makeup Get a Makeover?: Titanium Dioxide in Cosmetics

Greenberg Glusker LLP on

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

Allen Matkins

EPA Takes Sweeping Actions to Regulate PFAS, California Makes Targeted Moves - 2024 Land Use, Environmental & Natural Resources...

Allen Matkins on

As Americans are becoming increasingly aware, per- and polyfluoroalkyl substances (PFAS) are a class of thousands of manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS have...more

ArentFox Schiff

Will California’s Proposed Acrylamide Warning Amendment Under Proposition 65 Pass Legal Muster?

ArentFox Schiff on

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed additional safe harbor warnings for products containing acrylamide in response to recent litigation questioning the constitutionality of such...more

Sheppard Mullin Richter & Hampton LLP

Proposition 65: 2023 in Review

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

ArentFox Schiff

Prop 65 Roundup - December 2023

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Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more

Troutman Pepper

California Considers Modifying Prop 65 Warning Requirements (Again)

Troutman Pepper on

In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more

ArentFox Schiff

Ninth Circuit Affirms that Businesses Have First Amendment Rights When It Comes to Proposition 65 Warnings

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On November 7, 2023, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily...more

Goldberg Segalla

California not just dreamin’ about expanding Prop. 65 product-notice requirements

Goldberg Segalla on

If a company makes, distributes, or sells consumer products—including food products—containing chemicals that might turn the leaves brown, proposed amendments to California’s Proposition 65 may saddle it with additional...more

Buchalter

Prop 65 Alert: Brace Yourselves for the Latest Wave of CA Prop 65 Short-Form Warning Updates

Buchalter on

OEHHA is proposing a significant change to the Proposition 65 “short-form warning” to require that this warning identify a specific Proposition 65 (“Prop. 65”) chemical. Currently, the short-form warning requires...more

Sheppard Mullin Richter & Hampton LLP

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

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

Greenberg Glusker LLP

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

Greenberg Glusker LLP on

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

Perkins Coie

EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts

Perkins Coie on

An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water...more

Sheppard Mullin Richter & Hampton LLP

California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide In Foods Turns Up the Heat In Ongoing First Amendment...

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

Jenner & Block

New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges

Jenner & Block on

On September 16, 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) submitted to the California Office of Administrative Law (OAL) a revised Proposition 65 warning label requirement for the use of...more

King & Spalding

Packaging, Proposition 65, and PFAS – Challenges for Food and Beverage Companies Expand

King & Spalding on

In our article published in the last edition of this Gazette, we discussed late 2021 to early 2022 developments concerning extended producer responsibility (EPR) programs and the regulation of per- and polyfluoroalkyl...more

ArentFox Schiff

Modifications to Proposition 65 Short-Form Warnings on Pause – New Regulatory Proposal to Come

ArentFox Schiff on

On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65...more

ArentFox Schiff

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings

ArentFox Schiff on

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings - The National Law Review - On April 5, 2022, the California Office of Environmental Health Hazard Assessment...more

ArentFox Schiff

California Dials Back Proposed Amendments Restricting Use of Proposition 65 Short-Form Warnings 

ArentFox Schiff on

On April 5, 2022, in response to comments and opposition from companies and trade organizations over the last year, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA),...more

ArentFox Schiff

Identifying Acrylamide Exposure Risks to Protect Residents of California

ArentFox Schiff on

Identifying Acrylamide Exposure Risks to Protect Residents of California - California’s Office of Environmental Health Hazard Assessment (OEHHA) announced it proposed adding a new subsection to Article 6 of Title 27 of...more

Wiley Rein LLP

OEHHA’s Prop 65 Proposal Signals Short Life Span for Short Form Warning

Wiley Rein LLP on

California’s Office of Health Hazard Assessment (OEHHA) issued a notice on Dec. 13th that proposes a surprising number of changes to the simple short form warning approach under Proposition 65. The proposal presents another...more

ArentFox Schiff

Proposed Restrictions on Prop 65 Short-Form Warnings

ArentFox Schiff on

Proposed Restrictions on Prop 65 Short-Form Warnings EHS Daily Advisor Changes to California’s Proposition 65 (Prop 65) short-form warning label regulations are expected soon. Once adopted, impacted industry will have one...more

Foley & Lardner LLP

California OEHHA Proposes New Safe Harbor Warnings for Acrylamide in Foods

Foley & Lardner LLP on

On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more

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