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Warning Labels Beverage Manufacturers

Jenner & Block

Ninth Circuit Decision Foreshadows Major Blow to Prop 65 Acrylamide Claims

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On Thursday, March 17, 2022, the Ninth Circuit issued a critical decision in California Chamber of Commerce v. CERT, No. 21-15745 (9th Cir. 2022), reinstating a preliminary injunction against the filing or prosecuting of any...more

Hogan Lovells

The Ninth Circuit Court stayed the Proposition 65 Acrylamide Preliminary Injunction

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We recently became aware of a 27 May 2021 opinion from the Ninth Circuit that “stayed” the preliminary injunction barring private parties from filing new lawsuits against businesses to enforce the Proposition 65 warning...more

Womble Bond Dickinson

The Perilous Seas of Prop 65: Safe Harbors Should Not Be Controversial

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Should companies be forced to label their products as containing chemicals “known” to cause cancer despite controversial scientific information? A federal court in California doesn’t think so. On March 29, the U.S. District...more

Downs Rachlin Martin PLLC

Major Development In Prop 65 Law: Federal Court Issues Injunction Against Any New Lawsuits Based On Acrylamide

In what is a major development in California's Proposition 65 jurisprudence, a California federal court has just issued an injunction that bars the filing of any new lawsuits against food and beverage companies whose products...more

Hogan Lovells

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

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On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

McDermott Will & Emery

Second Prop 65 Amendment Effective April 1, 2021: New Warnings Required

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The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), was enacted as a ballot initiative and requires businesses to inform Californians about exposures to chemicals that are known...more

Hahn Loeser & Parks LLP

California’s Proposition 65: New Requirements For Alcoholic Beverages Purchased Over the Internet Or Through Mobile Apps Effective...

California’s Office of Environmental Health Hazard Assessment (OEHHA) has recently amended Proposition 65. These amendments include substantive changes related to the methods for providing warnings for alcoholic beverages...more

McDermott Will & Emery

Five Tips for Making Boozy Ice Cream That’s Legal

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When you think of the relationship between alcohol and food, the classics come to mind: tiramisu, coq au vin and beer cheese. While there is a long culinary tradition of using alcohol in food, the newest trend is to utilize...more

Perkins Coie

Coffee Regulations Offer Affirmative Defense in Proposition 65 Suit

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On July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings. Better known as Proposition 65, the California’s...more

Perkins Coie

Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

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Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l October 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Warns Company Selling CBD Oil - The U.S. Food and Drug Administration has published a warning letter it sent in September 2019 to a company selling cannabidiol (CBD) oil as a...more

Perkins Coie

Coffee Products Exempted From Proposition 65

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California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings earlier this month. The rule states that: “[e]xposures to chemicals in coffee,...more

Morrison & Foerster LLP

California Finalizes Proposition 65 Exemption for Coffee - June 2019

On June 3, 2019, the California Office of Administrative Law (OAL) announced that it had approved a regulation proposed by the Office of Environmental Health Hazard Assessment (OEHHA) that would exempt businesses from having...more

Kelley Drye & Warren LLP

BREAKING NEWS: Prop 65 Warning Exemption Approved for Coffee

Coffee drinkers of the world rejoice! California’s Office of Administrative Law (OAL) has signed off on a proposed rule that exempts coffee from the need to bear a cancer warning under Proposition 65 with every cup sold....more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

Buchalter on

Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Polsinelli

Are you on the Prop 65 “Bounty Hunter” Radar? Beware, Online Sale of Wine Into California Could Cost You $2500 a Pop!

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In the last few weeks, Plaintiff John Devlin has initiated more than 50 Notices of Violation or “Threatened Violation” under California's Safe Drinking Harbor and Toxic Enforcement Act of 1986 ("Prop 65") alleging multiple...more

Clark Hill PLC

Proposition 65 and the Food and Beverage Industry

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California’s Proposition 65 has a direct impact on the food and beverage industry. The recent changes to the Regulation include specific warning language applicable to foods and beverages. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2018 #4

LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more

Morrison & Foerster LLP - Class Dismissed

BREAKING: Appellate Court Halts Trial on Coffee

On Friday, October 12, 2018, California’s Second Appellate District Court stayed the trial that was set to begin on Monday, October 15, 2018, in Los Angeles Superior Court, regarding whether cancer warnings are required for...more

Perkins Coie

PC Food Litigation Index: August 2018

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Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more

Downey Brand LLP

The Latest in the Prop. 65 World: Jury Trials; Inorganic Arsenic in Rice; and the FDA Weighs in on Coffee

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There have been several major developments in the Proposition 65 world this summer. Below we summarize these latest developments in more detail. They include: (1) the California Court of Appeal, First Appellate District...more

K&L Gates LLP

Recent Federal and State Actions In Support of Proposition 65 Exemption For Coffee Reinforces Need for Science-Based Nutrition...

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The words “coffee” and “cancer” have been used in sentences together more over the past several years than the coffee industry ever could have contemplated — or wanted....more

Mintz - Consumer Product Safety Viewpoints

CA Prop 65 Coffee Issues Still Brewing

As has been widely reported, in May 2018, a Los Angeles Superior Court judge ruled that Prop 65 warning labels are required to be placed on “ready-to-drink” coffee products. Acrylamide, a Prop 65 listed chemical that...more

Schwabe, Williamson & Wyatt PC

New Changes to California Prop 65: What Oregon and Washington Manufacturers Must Do to Comply

As a business owner in the Pacific Northwest, you likely have heard of the changes to California’s regulations regarding warning labels on consumer products, Proposition 65, which takes effect August 30, 2018. Your business...more

Hogan Lovells

California Appeals Court Reverses Decision Requiring Proposition 65 Warnings on Cereals for Acrylamide

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A California appeals court has reversed a trial court decision that would require businesses to post Proposition 65 cancer warnings on certain breakfast cereals for acrylamide. The court ruled that a Proposition 65 warning...more

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