News & Analysis as of

Enforcement Actions Proposition 65

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

American Conference Institute (ACI)

[Event] 11th Legal, Regulatory & Compliance Forum on Dietary Supplements - June 28th - 29th, New York, NY

ACI and CRN are excited to welcome you back to New York City this Spring for the 11th Legal, Regulatory & Compliance Forum on Dietary Supplements. Since last year, there have been numerous important developments...more

ArentFox Schiff

PFAS-Containing Consumer Products Under Attack in California

ArentFox Schiff on

Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in...more

ArentFox Schiff

Preliminary Injunction Temporarily Blocks Prop 65 Enforcement of Foods Containing Acrylamide

ArentFox Schiff on

As we previously reported, in 2019 the California Chamber of Commerce filed suit against the State of California requesting that the State and private enforcers be enjoined from requiring Proposition 65 warnings on foods that...more

Farella Braun + Martel LLP

Cannabis and Hemp-Derived Products Subject to New Proposition 65 Warning Requirements in California

California’s regulatory framework for cannabis and hemp-derived products, including CBD, continues to evolve, most recently via updated Proposition 65 warning requirements that came into full effect Jan. 3, 2021. As of that...more

Foley & Lardner LLP

The Grace Period for Proposition 65 Cannabis and CBD Reproductive Harm Warning Expired On January 3 – Are Your Labels Compliant?

Foley & Lardner LLP on

New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products...more

American Conference Institute (ACI)

[Virtual Event] Advanced Legal, Regulatory and Compliance Forum on Over the Counter Drugs - February 26th, 9:00 am - 5:45 pm EST

A comprehensive guide to the latest developments affecting non-prescription drug products under Monograph Reform. American Conference Institute’s Advanced Legal, Regulatory and Compliance Forum on Over-the-Counter Drugs will...more

ArentFox Schiff

Court Considers Permanent Injunction on Arbitration Law

ArentFox Schiff on

Prop 65 Counsel: What To Know - Court to Consider Permanent Injunction on Arbitration Law; Prop. 65 Acrylamide Lawsuit Pending - CalChamber Advocacy - On Friday, US District Judge Kimberly J. Mueller is expected...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims - The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more

Kelley Drye & Warren LLP

More Tinkering at the Edges of Prop 65

The California Assembly passed a bill (AB 1123) earlier this month that would require litigants in private Proposition 65 enforcement actions to notify the state Attorney General (AG) of any appeals in such cases. Current...more

Kelley Drye & Warren LLP

Prop 65 Plaintiffs Ring In New Year with Aggressive Enforcement

Proposition 65 plaintiff groups are starting 2019 with a practically unprecedented bounty of enforcement actions underway. According to information available from the California Attorney General’s Prop 65 website, almost...more

Downey Brand LLP

OEHHA Proposes Amendments to Prop. 65 Reproductive Toxicity Sampling Requirements for Food Products; New Prop. 65 Regulations for...

Downey Brand LLP on

Last month, the Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to clarify Proposition 65 reproductive toxicity sampling requirements for food products. California’s Proposition 65, also known as...more

Downey Brand LLP

Tentative Ruling Could Mean You Have to Give A Prop 65 Warning for Every Cup of Coffee You Sell or Give to Consumers

Downey Brand LLP on

For the past eight 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...more

Mintz - Consumer Product Safety Viewpoints

Prop 65 Preliminary Injunction and “Fake News”

A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the “Fake...more

Downey Brand LLP

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

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

Lewitt Hackman

Prop 65 Update: The Rules They Are a Changin'

Lewitt Hackman on

Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, among other things requires businesses employing ten or more people to warn consumers if the business’ products contain a chemical...more

Stinson LLP

Emerging Trends Newsletter - Q3

Stinson LLP on

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Mintz - Consumer Product Safety Viewpoints

California Prop 65: More Unintended Consequences

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning...more

Seyfarth Shaw LLP

Impact of California Appellate Decision on Proposition 65 Actions Unclear

Seyfarth Shaw LLP on

On April 28, 2015, the Environmental Law Foundation (“ELF”) filed a petition in the California Supreme Court for review of the Court of Appeal’s recent decision in Environmental Law Foundation v. Beech-Nut Nutrition Corp., et...more

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