News & Analysis as of

Supply Chain Proposition 65

Downey Brand LLP

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

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Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

American Conference Institute (ACI)

[Event] 7th Advanced Summit on Food Law – Regulation, Compliance and Litigation - April 18th - 19th, Chicago, IL

American Conference Institute is hosting the 7th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation from April 18-19, 2023, in Chicago! Prepare for the future by examining current controversies,...more

Buchalter

California’s Ban on PFAS in Food Packaging Takes Effect January 1, 2023

Buchalter on

A ban on the sale of nondurable food packaging in California containing PFAS chemicals goes into effect on January 1, 2023, which is now less than four months away. The ban was contained in Assembly Bill 1200, which was...more

Environmental General Counsel PC

It's a Global World: Product Stewardship

For a variety of reasons (e.g., consumer/shareholder demands, laws regulating chemical use, potential liabilities, corporate ESG/sustainability policies), concern about chemicals in the supply chain have increased over the...more

American Conference Institute (ACI)

[Event] Legal, Regulatory & Compliance Forum on Dietary Supplements - June 29th - 30th, New York, NY

American Conference Institute in collaboration with the Council for Responsible Nutrition (CRN) are excited to welcome you back to New York for the “return to live” reunion that the dietary supplements industry has been...more

BakerHostetler

What Is a PFAS, and Why Should I Care? Part III - California’s Proposition 65

BakerHostetler on

In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a...

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As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more

Downey Brand LLP

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

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Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

Environmental General Counsel PC

ESG Checklist -- A Prop 65 Compliance Program?

In California, the Proposition (“Prop”) 65 landscape continues to evolve – notices of violations (“NOVs”) issued for products that do not contain or emanate a Prop 65 chemical, novel constitutional theories raised by defense...more

Downey Brand LLP

Proposition 65 Notices of the Month – October 2021: Wildlife & Duck Calls, Socks, Spices, Fruits & Vegetables, and Pasta

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In October 2021, citizen plaintiff groups issued more than two hundred fifty (250) new Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged...more

Fox Rothschild LLP

California Expands Review Of PFOS, PFOA To Include Cancer Risk

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The California Office of Environmental Health Hazard Assessment (OEHHA) is expanding its review of potential substances to add to its Proposition 65 list of chemicals that cause cancer. Earlier this year, the state...more

Hogan Lovells

California’s OEHHA proposed modified regulation on warnings for chemicals formed during cooking

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On Friday, 16 April 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed modified language for its new regulation on the warning...more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic...

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In February, Proposition 65 (“Prop. 65”) plaintiff groups issued, per normal, just around three hundred (300) total 60-Day Notices of Violation (“Notices”)—two hundred and ninety-six (296) Notices to be exact—and some of...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2021: Duck Callers, Duck (To Eat), More Seafood, Fruits & Vegetables, and Plastic...

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Two thousand twenty-one is off to a roaring start in California’s Proposition 65 (“Prop. 65”) world. Prop. 65 plaintiff groups issued two hundred thirty-seven (237) total 60-Day Notices of Violation (“Notices”), with a number...more

Downey Brand LLP

Proposition 65 Notices of the Month – 2020 Prop. 65 Roundup: Over 3,500 Notices Sent Alleging Warning Labels Required for Hundreds...

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Twenty-twenty was an unprecedented year of crisis throughout the world with the onset of the COVID-19 pandemic. Stay-at-home orders, quarantines, remote work, and Zoom-school did not slowdown Proposition 65 plaintiffs,...more

Downey Brand LLP

Proposition 65 Notices of the Month – Nov. 2020: Pretzels, Molasses, Sunflower Seeds, Shampoos, Leather Gloves & Fishing Weights –...

Downey Brand LLP on

In November 2020, Proposition 65 (“Prop. 65”) plaintiff groups issued three hundred and fourteen (314) Prop. 65 60-Day Notices of Violation (“Notices”). In these Notices, plaintiff groups allege that chemicals in foods and...more

Downey Brand LLP

Proposition 65 Notices of the Month – Oct. 2020: Lead in Food, Diethanolamine in Personal Care Products, Formaldehyde in Bed Sheet...

Downey Brand LLP on

October 2020 Proposition 65 (“Prop. 65”) claims were, once again, varied and abundant with respect to food and consumer product allegations. Plaintiff groups issued three hundred and thirty-three (333) total Prop. 65 60-Day...more

Downey Brand LLP

Proposition 65 Notices of the Month – Sept. 2020: Hundreds of Notices Allege Acrylamide in Snack Foods and Phthalates in Plastic...

Downey Brand LLP on

September 2020 Proposition 65 (“Prop. 65”) claims were, for the most part, “oldies but goodies.” Plaintiff groups issued three hundred and forty (340) total Prop. 65 60-Day Notices of Violation (“Notices), over two hundred...more

Jones Day

2020 Regulatory Amendments Attempt to Simplify Proposition 65 Warning Obligations

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The Situation: New regulatory amendments to Proposition 65 went into effect on April 1, 2020. These amendments: (i) allow manufacturers, distributors, and suppliers of consumer products to satisfy Proposition 65's warning...more

American Conference Institute (ACI)

[Webinar] What New Dietary Ingredient Master Files Mean for Innovation & Compliance - May 27th, 1:00 pm - 2:00 pm EST

FDA first raised the concept of Master Files for dietary supplements in its 2016 revised NDI Guidance. The agency views master files as a tool to promote better compliance with NDI notification requirements. Ingredient...more

Vedder Price

The Long Reach of Proposition 65

Vedder Price on

According to the Center for Accountability in Science, since 2010, businesses have spent over $182 million to settle Prop 65 lawsuits. What most companies do not realize is that 75% of settling businesses were headquartered...more

Sheppard Mullin Richter & Hampton LLP

Proposition 65: California Clarifies Responsibilities To Warn Amongst Manufacturers, Distributors and Retailers

The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted amendments to California Code of Regulations, section 25600.2 – the section titled “Responsibility to Provide Consumer Product Exposure...more

Perkins Coie

Industry Insights: Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail Sellers

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California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more

Perkins Coie

Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail Sellers

Perkins Coie on

California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more

Beveridge & Diamond PC

Amendments to Proposition 65’s Safe Harbor Regulations Finalized in Attempt to Clarify Legal Responsibilities of Businesses Across...

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Companies now have more guidance on how to communicate Proposition 65 warnings for products sold through distributors. The California Office of Environmental Health Hazard Assessment (OEHHA) finalized the amendments proposed...more

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