On November 1, 2022, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the California Office of Administrative Law (OAL) had approved its proposal to add an alternative, non-mandatory safe harbor...more
Two significant decisions were recently issued regarding California’s Proposition 65 (Prop 65). First, the U.S. Court of Appeals for the Ninth Circuit reinstated a district court’s preliminary injunction halting new...more
The Los Angeles area is home to iconic food innovators, family-run restaurants of every ethnic stripe, and competition-winning restaurateurs. A successful restaurant or food and beverage company is also a business enterprise...more
It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental...more
On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more
The short form of the California Proposition 65 warning that appears on numerous consumer products may look different in the future. California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed several...more
Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses - Legal Newsline - A California federal court has refused to throw out a lawsuit that challenges the state’s...more
Acrylamide is a hot potato in California after the Office of Environmental Health Hazard Assessment proposed to set maximum levels in foods from almonds to potatoes to waffles. Our Environment, Land Use & Natural Resources...more
On August 28, California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead state agency for the assessment of health risks posed by chemical substances, released a draft report concluding its review of the...more
On August 4, 2020, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65 (Prop 65), proposed to adopt a new regulation that would significantly change the...more
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. The lawsuit seeks to...more
On October 7, 2019, the California Chamber of Commerce filed suit against the State of California requesting that a federal district court enjoin the State and private enforcers from requiring Proposition 65 warnings on foods...more
The California Chamber of Commerce has filed a lawsuit seeking to prevent the state from “enforcing a requirement to provide a false, misleading, and highly controversial cancer warning for food and beverage [] products that...more
The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern...more
A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more
FDA Holds Public Meeting on Cannabis - On May 31, 2019, the U.S. Food and Drug Administration (FDA) held a widely anticipated public hearing with stakeholders on cannabis and cannabis-derived compounds to gain insights on...more
On June 3, 2019, the California Office of Administrative Law (OAL) announced that it had approved a regulation proposed by the Office of Environmental Health Hazard Assessment (OEHHA) that would exempt businesses from having...more
PERKINS COIE IS PLEASED TO PRESENT ITS THIRD ANNUAL FOOD LITIGATION YEAR IN REVIEW, summarizing important developments in consumer litigation affecting the food and beverage industry. Class action litigation against the food...more
LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more
There have been several major developments in the Proposition 65 world this summer. Below we summarize these latest developments in more detail. They include: (1) the California Court of Appeal, First Appellate District...more
A California appeals court has reversed a trial court decision that would require businesses to post Proposition 65 cancer warnings on certain breakfast cereals for acrylamide. The court ruled that a Proposition 65 warning...more
A recent appellate decision from the Second District Court of Appeal in Los Angeles has determined that breakfast cereals do not require a Proposition 65 warning for acrylamide. Post Foods, LLC v. Superior Court of Los...more
If you've spent any time in California, you've probably seen it. And seen it. And seen it again. An omnipresent warning, etched into a plaque on the wall, or printed on product packaging: “This product contains chemicals...more
The food and beverage industry has experienced significant change in recent years. New technological developments are enhancing the way food producers track food safety issues, food-labeling remains a hot-button issue, and...more