News & Analysis as of

Hazardous Substances Proposition 65

Dorsey & Whitney LLP

Federal Court Curbs California’s Proposition 65, Giving Some Relief to Businesses Selling Products in California

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California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...more

Nelson Mullins Riley & Scarborough LLP

IARC Classifies Gasoline As a Human Carcinogen – Litigation May Follow

Last month, the International Agency for Research on Cancer (IARC) announced its new classification for “automotive gasoline and some oxygenated gasoline additives.” In a result that follows IARC’s previous pattern and...more

ArentFox Schiff

Prop 65 Roundup - March 2025

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Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more

Keller and Heckman LLP

January 2025 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Morrison & Foerster LLP - Class Dismissed

California Updates Prop 65 Short-Form Warning Requirements

On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect. Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more

Buchalter

Proposition 65 Warning Regulations Revised, Including Widely-Used Short-Form Warning

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California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has revised the regulations on “Safe Harbor” warning language effective January 1, 2025. While a business is not required to use these Safe Harbor...more

Sheppard Mullin Richter & Hampton LLP

Name That Chemical: California Adds New Requirement for Prop 65 Short-Form Warnings

Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more

Sheppard Mullin Richter & Hampton LLP

Prop 65 Year-End Highlights: 2024’s Key Regulatory Changes, Legal Battles, and Enforcement Trends

As businesses and legal professionals strive to keep pace with California’s ever-changing regulatory environment, Proposition 65 (“Prop 65”) remains a key focal point. Known for its stringent requirements on chemical exposure...more

Morris, Manning & Martin, LLP

California Product Warnings Now Required For BPS

Proposition 65 warnings are now required for products containing BPS sold in California. BPS is one of several organic compounds known as bisphenols, which are chemical substances used in the production of plastics....more

Alston & Bird

Addition of Vinyl Acetate to Proposition 65 List

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The California Office of Environmental Health Hazard Assessment recently added vinyl acetate to the Proposition 65 list of carcinogens. Our Environment, Land Use & Natural Resources Group discusses what companies need to...more

Husch Blackwell LLP

California’s Proposition 65 Short-Form Warnings Now in Effect

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California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are required to provide in...more

Kelley Drye & Warren LLP

New Target for Prop 65 Plaintiffs: Bisphenol-S

The New Year rings in with a likely wave of new enforcement actions under California’s Proposition 65 targeting Bisphenol-S (BPS), a popular substitute chemical for Bisphenol-A (BPA) which itself has been targeted by...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #3

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EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...more

BakerHostetler

What Is a PFAS, and Why Should I Care? Part III - California’s Proposition 65

BakerHostetler on

In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and...more

King & Spalding

Spotlight on PFAS and Other Substances in Cosmetics Likely to Grow in 2022

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This year – 2022 – may finally be the year that the effort to modernize safety standards in the U.S. for cosmetics and other personal care products, which has been ongoing since 2013, comes to fruition. If so, the new...more

King & Spalding

California's Carcinogen Identification Committee Votes to Include PFOS on Proposition 65 List of Materials Known to Cause Cancer

King & Spalding on

On December 6, California’s Carcinogen Identification Committee (CIC) voted in favor of listing PFOS “and its salts and transformation and degradation precursors” as “known to the state” to cause cancer. Formal listing is...more

Downey Brand LLP

Will the Wave of PFAS Litigation Sweep Through California?

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In the last year, litigation involving per- and polyfluoroalkyl substances (PFAS) has spiked across the nation. To date this litigation has been centered in eastern and mid-western states and the wave of litigation has yet to...more

Downey Brand LLP

Agencies Finally Begin to Address Dangers of PFAS

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Federal and state agencies are responding to public pressure to study and regulate per- and polyfluoroalkyl substances (PFAS) in drinking water supplies, and potentially in groundwater. The U.S. Environmental Protection...more

Kelley Drye & Warren LLP

California Clarifies Scope of Prop 65 Listing for Soluble Nickel Compounds

California’s Office of Environmental Health Hazard Assessment (OEHHA) has issued an important clarification of the scope of last year’s listing of “soluble” nickel compounds as reproductive toxins under Proposition 65....more

Bergeson & Campbell, P.C.

OEHHA Publishes Prop 65 Definition of Nickel (Soluble Compounds)

On May 2, 2019, California’s Office of Environmental Health Hazard Assessment (OEHHA) published a definition of nickel (soluble compounds) for the purposes of Proposition 65 (Prop 65). Under the notice, nickel (soluble...more

Stinson LLP

WARNING: California Prop 65 Amendments Take Effect on August 30, 2018

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Do you manufacture, distribute or supply consumer products (or component parts thereof) that are sold in California? If you do, then you likely are familiar with the California Proposition 65 warnings that should accompany...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | June 2018

LEGISLATION, REGULATIONS & STANDARDS - Hawaii Bans Two Sunscreen Ingredients - The Hawaii legislature has passed a law that will prohibit the sale or distribution of sunscreen containing oxybenzone and octinoxate after...more

Morrison & Foerster LLP

California Proposes Next Group of Priority Products (PFASs in Carpets and Rugs) Under Its Green Chemistry Initiative

California’s Green Chemistry Initiative has taken another step towards regulating a widely available consumer product. On February 15, 2018, the California Department of Toxic Substances Control (DTSC) released a discussion...more

Lewitt Hackman

Prop 65 Update: The Rules They Are a Changin'

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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

BCLP

California May Collect Certain Information from Businesses to Support Its New Proposition 65 Website

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California’s Office of Environmental Health Hazard Assessment (OEHHA) has launched a website, www.P65Warnings.ca.gov, intended to provide both businesses and consumers with information regarding the requirements for...more

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