News & Analysis as of

Proposition 65

Holland & Knight LLP

FDA Initiates New Post-Market Review Framework for Food Chemicals

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The U.S. Food and Drug Administration (FDA) has announced a new initiative to systematically review the safety of chemicals already in the nation's food supply....more

Environmental General Counsel PC

CalRecycle Releases New EPR Packaging Regulations: Imminent Compliance, New Exclusions, and Deferred Eco-Modulation Implementation

A lot is going on in the extended producer responsibility (“EPR”) packaging world this month.  Maryland and Washington became the sixth and seventh states respectively to enact EPR packaging laws.  And this week, just a...more

Keller and Heckman LLP

April 2025 Bounty Hunter Plaintiff Claims

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California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

K&L Gates LLP

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

K&L Gates LLP on

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past...more

Greenberg Glusker LLP

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

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On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

King & Spalding

New Federal Court Decision Holds Proposition 65 Warnings Are Not Required Where There Was No Scientific Consensus on the...

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In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more

Greenberg Glusker LLP

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more

Farella Braun + Martel LLP

District Court Issues Permanent Injunction Enjoining Enforcement of Prop 65 Warning Requirements for Dietary Acrylamide

On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....more

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

Sheppard Mullin Richter & Hampton LLP

Navigating the Legal Soup: A New “Short-Form” Recipe for Prop 65 Warnings on Food and Beverages

Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings...more

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

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On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

Foley & Lardner LLP

Prop 65: Changes to Short-Form Warnings Will Cause Long-Term Impacts

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The California Office of Environmental Health Hazard Assessment (OEHHA) recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions...more

Keller and Heckman LLP

March 2025 Bounty Hunter Plaintiff Claims

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California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...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

Greenberg Glusker LLP

Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs

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California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more

ArentFox Schiff

Prop 65 Roundup - March 2025

ArentFox Schiff on

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

ArentFox Schiff

Top 10 Issues in the Cannabis Industry for 2025

ArentFox Schiff on

It is not all doom and gloom for the cannabis industry this year; positive developments across states and the potential (albeit remote) for federal rescheduling means the cannabis industry can expect ongoing advancements....more

Keller and Heckman LLP

February 2025 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more

Beveridge & Diamond PC

EPA Seeks Public Comments on Petition to Amend Pesticide Labeling Requirements

Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment...more

Keller and Heckman LLP

January 2025 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

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

ArentFox Schiff

Prop 65 Roundup - January 2025

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What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements - On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition...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

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