News & Analysis as of

State Attorneys General Proposition 65

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

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

Cozen O'Connor

AGs Urge EPA to Adopt Rule Preempting State Labeling Requirements

Cozen O'Connor on

Eleven Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) regarding additional labeling or packaging...more

Cozen O'Connor

Baby Food Manufacturer Agrees to Reduce Levels of Lead in Its Products

Cozen O'Connor on

California AG Rob Bonta reached a settlement with baby food manufacturer Perrigo Company and two of its subsidiaries (collectively, “Perrigo”) to resolve allegations that Perrigo did not warn consumers about the levels of...more

BCLP

California Court Halts New Prop. 65 Actions for Acrylamide as a Carcinogen

BCLP on

A California district court has granted the California Chamber of Commerce’s preliminary injunction motion and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food, pending the outcome...more

Womble Bond Dickinson

California Announces Revised Proposition 65 Labeling & Marketing Regulations

Womble Bond Dickinson on

On January 8, 2021, California’s Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 of the regulations implementing the state’s Safe Drinking...more

ArentFox Schiff

Alert Newsletter: Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses

ArentFox Schiff on

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

Pillsbury Winthrop Shaw Pittman LLP

California Court Finds that Proposition 65 Cancer Warnings for Glyphosate Violate First Amendment Rights

A California Court has granted a permanent injunction on enforcement of cancer warnings for glyphosate pursuant to Proposition 65, on the grounds that it violates the First Amendment. The Court reviewed the constitutionality...more

Buchalter

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

Buchalter on

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more

Sheppard Mullin Richter & Hampton LLP

Prop 65 Warnings and Acrylamide in Food – Can I Still Have My Coffee and Drink it Too?

Many of us think of coffee as a morning essential, however, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether coffee must have a Proposition 65...more

Perkins Coie

California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

Perkins Coie on

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

ArentFox Schiff

Should Food Products With Acrylamide Be Exempted From Proposition 65?

ArentFox Schiff on

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

BCLP

California Chamber of Commerce Challenges Prop. 65 Warning for Acrylamide in Food and Beverage Products

BCLP on

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

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