News & Analysis as of

Food Manufacturers Safe Harbors

Alston & Bird

New Changes to Proposition 65’s Warning Requirements Are on the Horizon

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Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more

Womble Bond Dickinson

The Perilous Seas of Prop 65: Safe Harbors Should Not Be Controversial

Womble Bond Dickinson on

Should companies be forced to label their products as containing chemicals “known” to cause cancer despite controversial scientific information? A federal court in California doesn’t think so. On March 29, the U.S. District...more

Benesch

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific...

Benesch on

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65...more

BCLP

Proposition 65 – OEHHA Proposes Safe Harbor Concentrations and Blanket Protections for Exposures to Acrylamide and Other Listed...

BCLP on

Acrylamide in food products has been one of the most significant drivers for recent Proposition 65 enforcement actions, frustrating many in the food industry, particularly because acrylamide is not added to those products....more

King & Spalding

Food Manufacturers and Other Stakeholders React to Proposed Changes to California’s Proposition 65

King & Spalding on

After California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to Proposition 65’s regulations governing the calculation of safe harbor levels for reproductive toxicants in consumer products,...more

Hogan Lovells

California Amends Slack-Fill Law to Include Additional Safe Harbors

Hogan Lovells on

The California legislature has passed a law amending the state’s slack-fill statute for food containers subject to the Federal Food, Drug and Cosmetic Act (FFDCA). Assembly Bill 2632 (AB 2632), which Governor Jerry Brown...more

Buchalter

The Impact the New Prop 65 Warning Regulations on Commercial Property Owners

Buchalter on

Introduction - The Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”)[i] is an expansive “right to know” law which requires businesses to provide warnings before exposing people to certain chemicals....more

BCLP

WARNING: New Proposition 65 “Clear and Reasonable Warning” Requirements Effective August 30, 2018

BCLP on

Retailers and manufacturers should take steps now to ensure they are compliant with the new California Proposition 65 warning regulations that take effect on August 30, 2018. Proposition 65 prohibits retailers and...more

BCLP

Beware the Empty Space - Defending Food Packaging Design Against Slack Fill Claims

BCLP on

There is a recent proliferation of slack fill litigation involving food products – both class and non-class suits. If you are a food manufacturer, distributor or seller, you need to be prepared to deal with these claims....more

King & Spalding

California Agency’s Continued Tinkering with Prop 65 Rule Revisions Receives Mixed Reviews from Stakeholders

King & Spalding on

In the July 2015 issue, we reported on food and beverage companies’ views on the overhaul of warning regulations under the Safe Drinking Water and Toxic Enforcement Act (colloquially known as Prop 65) proposed by the Office...more

Stoel Rives LLP

California Doubles Down on Proposition 65 Regulations; OEHHA Issues Pre-Regulatory Proposals That Harm Existing Defenses

Stoel Rives LLP on

Late last week, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) released several new pre-regulatory draft proposals regarding Proposition 65 (“Prop 65”). With one possible exception, the pre-regulatory...more

Farella Braun + Martel LLP

Court Of Appeal Upholds “Safe Harbor” Exemption From Prop 65 Warnings For Lead In Fruit Products

In a much anticipated decision, a California Court of Appeal has upheld a trial court ruling for the defense, finding that trace levels of lead in packaged fruits, vegetables and fruit juice products require no Proposition 65...more

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