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Environmental Protection Agency (EPA) Warning Labels

DLA Piper

Industrials Regulatory News and Trends - December 2024 #2

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California amends Prop 65 short-form warnings. California’s Office of Environmental Health Hazard Assessment has announced long-expected new amendments to its Prop 65 short-form warning requirements. ...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - October 2024

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Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from State Attorneys General across the country and...more

Fishman Haygood LLP

U.S. Eleventh Circuit Rejects FIFRA Preemption in Roundup Case

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As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...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

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

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

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California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more

Searcy Denney Scarola Barnhart & Shipley

Paraquat: The Basics, the Symptoms and the Legislation Against It

The subject of six lawsuits filed in three states, paraquat is widely used in the agricultural industry and, sadly, often causes illnesses to those least able to care for themselves: workers. Workers on farms and ranches...more

Lathrop GPM

[Webinar] Exploring PFAS in Food - May 5th, 2:00 pm - 3:00 pm CT

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PFAS – per- and polyfluoroalkyl substances – are a family of human-made chemicals, often referred to as “forever chemicals,” and are found in a wide range of products used by the food supply industry. Because of their...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Detroit, Michigan, Chrome/Oxide Coating Manufacturer Enter...

The United States Environmental Protection Agency (“EPA”) and Perfection Industries, Inc. (“PII”) entered into a March 18th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Michigan rules...more

Allen Matkins

California Environmental Law & Policy Update - April 2021

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EPA expands analysis of new chemicals under TSCA - Chemical & Engineering News – March 30 - The U.S. Environmental Protection Agency (EPA) announced on March 29 that, when conducting risk assessments of new chemicals...more

King & Spalding

FDA Warns That Most Hair Smoothing or Straightening Products Release Formaldehyde Gas During the Hair Straightening or Smoothing...

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On March 2, 2021, the U.S. Food & Drug Administration (“FDA”) issued a consumer update in the form of a “what you should know” regarding formaldehyde in hair smoothing or straightening products, such as keratin treatments....more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #4

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Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more

Womble Bond Dickinson

IARC’s “Probably Carcinogenic” Does Not Justify Warning Labels but Drives Litigation Uncertainty

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What happens when an international research agency decides that the most widely used herbicide in the world may cause cancer? Well, it depends. Are you asking a judge? Or jurors?...more

Buchalter

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

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On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

Searcy Denney Scarola Barnhart & Shipley

Injured Patients Want Consolidation of Zantac Lawsuits

Litigation Update - On January 30, 2020, class action, consumer protection and pharmaceutical lawyers from around the country will be in federal court in Tampa, Florida to argue before a panel of federal judges whether...more

Cozen O'Connor

EPA versus the State of California: An Important Glyphosate Update

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Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and...more

Bergeson & Campbell, P.C.

EPA Issues Guidance Regarding Prop 65 Labeling Requirements for Glyphosate Products and OEHHA Responds

On August 7, 2019, EPA took long awaited action concerning the inclusion of Prop 65 warning statements for glyphosate on EPA registered pesticide labels, which will likely impact the broader ongoing debate over EPA approval...more

Kelley Drye & Warren LLP

Prop 65 Battle Royale over Glyphosate: EPA vs. OEHHA

The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8...more

Allen Matkins

California Environmental Law & Policy Update - June 2019

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Focus - Major automakers back compromise on U.S. vehicle emissions rules, urge deal - Reuters – June 6 - In a letter to California Governor Gavin Newsom, a group of 17 major automakers, including General Motors Co,...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

Buchalter on

Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Allen Matkins

California Environmental Law & Policy Update - July 2018 #3

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Focus - Interior Department proposes a vast reworking of the Endangered Species Act - THE NEW YORK TIMES - Jul 19 The U.S. Department of the Interior on Thursday proposed the most sweeping set of changes in decades to...more

Downey Brand LLP

U.S. District Court Denies California Attorney General’s Request to Reconsider Holding that Proposition 65 Warnings for Glyphosate...

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On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider its decision in February that California cannot require...more

Allen Matkins

California Environmental Law & Policy Update - June 2018 #3

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Focus - EPA moves toward rewriting Obama water rule - THE HILL - Jun 15 The U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers on Friday sent their proposal to redefine “Waters of the United...more

Bergeson & Campbell, P.C.

OEHHA Proposes Regulations on Safe Harbor Warning Content as Part of Clear and Reasonable Warnings Regulations

On April 23, 2018, California’s the Office of Environmental Health Hazard Assessment (OEHHA) announced it is proposing to amend Article 6 of Title 27 of the California Code of Regulations (C.C.R.), Section 25603, specifically...more

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