News & Analysis as of

Proposition 65

California Cannabis Businesses Take Note: Prop 65 Looms Large

by Husch Blackwell LLP on

Cannabis businesses may be surprised to learn that Proposition 65, the California law that seeks to warn consumers of chemicals in the products they buy, may apply to many marijuana products. This law requires all parties in...more

Proposition 65: August Deadline Looming for OEHHA’s Amended Proposition 65 Clear and Reasonable Warning Requirements

by Bergeson & Campbell, P.C. on

There are less than five months before the effective date of the California Office of Environmental Health Hazard Assessment (OEHHA) revisions to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings”...more

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

by Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Prop. 65 Litigation Involving Acrylamide Heats Up on Eve of Ruling in Coffee Cases

by Bryan Cave on

California Proposition 65 litigation over acrylamide in food has been heating up lately, receiving national news coverage in anticipation of a ruling in a fiercely contested case involving exposure to acrylamide in...more

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

by Morrison & Foerster LLP on

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground...

If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

by Morrison & Foerster LLP on

Last Monday, February 26, 2018, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide...more

Prop 65 Preliminary Injunction and “Fake News”

A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the “Fake...more

Industry Insights: Key Takeaways From The GMA Legal Conference

by Perkins Coie on

Earlier last week, attorneys in the Perkins Coie Food Litigation team joined top in-house counsel, defense attorneys and regulatory experts at the GMA Legal Conference which took place in New Orleans, LA. The conference...more

Eastern District of California Rules on Motion to Enjoin Prop 65 Listing and Warning on Glyphosate Products

On February 26, 2018, the U.S. District Court for the Eastern District Court of California issued a memorandum and order on the plaintiff’s motion for preliminary injunction (Order) to “enjoin the listing of glyphosate under...more

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

by Morrison & Foerster LLP on

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

Changes to California's Proposition 65

by Clark Hill PLC on

California’s Proposition 65 applies to any product sold in California, or any location in the state. It requires that, if the product or location contains one of over 900 potentially cancer causing or reproductive toxicant...more

The Cleaning Product Right to Know Act of 2017: California’s newest warning requirements

by Thompson Coburn LLP on

In the fall of last year, California Governor Jerry Brown signed the Cleaning Product Right to Know Act of 2017 (the "CPRTKA"), adding provisions to the California Health and Safety Code commencing at § 108950 related to...more

Beyond Licensing: Prop 65 Liability Risks for California Cannabis Companies

California has finally ushered in the era of state-licensed cannabis, and cannabis is now a commercial product much like any other (well, at least in the state’s eyes). Forward-thinking companies will not rest on their...more

California’s Green Chemistry Agency Issues Its Draft 2018-2020 Three-Year Priority Product Work Plan

by Morrison & Foerster LLP on

On February 8, 2018, the California Department of Toxic Substances Control (DTSC) released a Draft Three-Year Priority Product Work Plan (2018-2020) (new Work Plan) under its Safer Consumer Products (SCP) Program. The SCP...more

Known to the State of California to Cause Cancer or Reproductive Harm – What is Proposition 65 and What You Need to Know

by Cozen O'Connor on

A majority of California voters in 1986 approved a ballot initiative known as Proposition 65, officially titled California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop. 65”). Prop. 65 seeks to protect...more

Avoiding Un/Civil Litigation in Your Cannabis Business

If you’re in the cannabis business you know about the risk of federal prosecution and the risk of state action, especially if you fail to dot your i’s and cross your t’s under your state’s recreational/medicinal regulations....more

Does California Place Your Company At Risk?

by Allen Matkins on

Is doing business in California risky? More than a few companies seem to think so. Below are few California related risks that I noticed in the risk factors section of recently filed Form 10-Ks. ...more

Su-PERFLUO-us? More Chemicals Added to Prop 65 List

by Lewitt Hackman on

Business owners manufacturing, buying, selling, or importing products in California already know about the state’s Prop 65 law. But do they also know every single chemical or substance that is on that list?...more

Best in Law: New Prop. 65 Warning Rules Hit Shopkeepers in August

by Best Best & Krieger LLP on

Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published...more

California Issues Clarifications to Proposition 65 Regulations Going into Effect Next Summer

by Husch Blackwell LLP on

On December 6 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice indicating the approval of amendments to Proposition 65’s “clear and reasonable warnings” regulations. OEHHA issued...more

Save the Date: August 30, 2018 - Deadline to Comply with Updated California’s Proposition 65 Warning Regulations

by Reed Smith on

When the California Office of Environmental Health Hazard Assessment (OEHHA) published updated warning regulations under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition...more

California Grocer: Brewing Debate in California Proposition 65 Coffee Action Coming to a Close

by Downey Brand LLP on

For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more

2018 Corporation Compliance & Litigation Outlook for Manufacturers

Last week, Megan provided our thoughts and predictions for environmental, health & safety. This week, I am providing our outlook for corporate compliance and litigation....more

States Support Plaintiffs Lawsuit that Prop 65 Warning for Products Containing Glyphosate Violates First Amendment

by Bergeson & Campbell, P.C. on

On January 2, 2018, State Attorneys General from eleven states (Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Missouri, North Dakota, Oklahoma, South Dakota, and Wisconsin) (collectively the States) filed a friend of the...more

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