Proposition 65 – Changes That Will Impact the Cannabis Sector
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Cannabis Counsel Cast: Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning
Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
In its complaint, the Personal Care Products Council argues that mandatory warnings for products containing diethanolamine constitute misleading compelled speech about risks not established in real-world product use....more
Final OEHHA Report Finds Synthetic Turf Poses ‘Insignificant’ Health Risks - A final report released March 5 by California’s Office of Environmental Health Hazard Assessment (OEHHA) finds that recycled tires used as crumb...more
On March 2, 2026, the Personal Care Products Council (PCPC) lodged a major constitutional challenge to the application of Proposition 65 to a common cosmetic ingredient called diethanolamine, or DEA. ...more
Artificial intelligence is no longer just a buzzword in product safety. AI is actively reshaping the way companies identify hazards, manage recalls, communicate warnings, and address the unique risks of lithium-ion batteries....more
As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue...more
California recently finalized changes to its Proposition 65 (Prop 65) warning rules that included significant changes to short-form warning statements for product labels. These changes directly affect nicotine‑containing...more
State-level regulation of consumer chemicals is accelerating — and diverging. More than 30 states now regulate, or are proposing to regulate, chemicals in food, packaging, and consumer products. From California Proposition 65...more
On February 20, the California Court of Appeal issued a decision with significant implications for Proposition 65 litigation: Environmental Health Advocates, Inc. v. Pancho Villa’s, Inc., et al. In short, a private...more
First Amendment Challenges Continue to Reshape Prop 65 Enforcement Landscape - Recent federal court decisions continue to affect the scope of Proposition 65 warning enforcement, particularly where compelled warnings are...more
In most litigation, you face a known adversary on a defined battlefield and when it’s over, it’s over (e.g., a boundary dispute with an adjoining landowner). Prop 65, is entirely different: the food/beverage/supplement...more
The Dietary Supplement Regulatory Uniformity Act (H.R.7366) would amend the Federal Food, Drug, and Cosmetic Act (FDCA) to "clarify and affirm" the Food and Drug Administration's preemptive authority over dietary supplement...more
California Attorney General (AG) Rob Bonta recently announced a consent judgment resolving allegations that the Pacific American Fish Company, Inc. (PAFCO), a seafood distributor and processor, had sold frozen seafood...more
More than three decades defending food companies in labeling class actions has made one thing abundantly clear: when a class action theory weakens, the plaintiffs’ bar doesn’t disappear; it evolves -- -- with...more
The scope of products to be drawn into the warning requirements under California’s Proposition 65 law may soon be growing. California’s Office of Environmental Health Hazard Assessment (OEHHA) requested information from the...more
California will continue to set the pace for environmental regulation in 2026, using its rulemaking, enforcement, and market influence to drive requirements that often become de facto national standards for companies doing...more
ICYMI: Introducing Prop 65 Unboxed: The AFS Video Series on the Latest Prop 65 News and Trends - Our new series “Prop 65 Unboxed” brings practical insights on Proposition 65 enforcement trends, legislative updates, and...more
In December 2025, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing Proposition 65 (Prop 65), issued two “Information Letters” regarding Prop 65 compliance...more
As 2025 came to a close, the Proposition 65 (Prop 65) landscape in California continued to evolve rapidly, reflecting shifting enforcement patterns, major litigation outcomes, and significant regulatory developments. This...more
On December 8, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency in charge of implementing Proposition 65 (Prop. 65), issued a guidance letter providing clarity about Prop. 65 warnings...more
California Proposition 65 Titanium Dioxide Warning Ruled Not-Scientifically Justified by a US District Court - A US district court issued a permanent injunction preventing California from enforcing Proposition 65 warning...more
California updated the Proposition 65 safe harbor warning rules, effective January 1, 2025, with a three‑year transition through January 1, 2028. The short‑form warning now must name at least one specific chemical per...more
Monthly newsletter Material Concerns: Legal Updates on Substances of Emerging Concern keeps clients informed on the latest legal, regulatory and scientific developments related to substances of emerging concern....more
There’s more to the bisphenol family of chemicals than the well-known BPA and BPS. Our Environment, Land Use & Natural Resources Group examines a California initiative to classify all p,p’-bisphenol chemicals as causing...more
“California Court Ruling Endangers Public Health by Failing to Require Processed Meat on Prop 65 List of Carcinogens” Claims the Physicians Committee for Responsible Medicine - In what the Physicians Committee...more
California Finally Proposes a Prop 65 Cancer Safe Harbor Level for DEA - On August 22, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed rule establishing a new Proposition 65...more