News & Analysis as of

Warning Labels Chemicals

Prop 65 – Version 2.0: New Rules for Prop 65 Warnings Shake Things Up

by Davis Wright Tremaine LLP on

California’s old Proposition 65 warnings, which have been in place since 1986 are about to get a facelift – under newly adopted regulations by the Office of Environmental Health Hazard Assessment (OEHHA), what was once “clear...more

Proposition 65 Legislative Changes Likely “Lack Merit”

by Morrison & Foerster LLP on

On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 1583 into law. It was promoted as a means of reducing frivolous Proposition 65 (Prop 65) lawsuits, but, as discussed below, it is doubtful that it will...more

California Enacts Legislation in an Attempt to Level the Playing Field in Proposition 65 Enforcement Actions

by Downey Brand LLP on

On October, 5, 2017, Governor Brown announced that he signed AB 1583 into law. AB 1583, authored by Assemblymember Ed Chau, a democrat from Monterey Park, is intended to promote transparency in Proposition 65 private...more

Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017

by Downey Brand LLP on

On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more

Implementation of Revisions to Proposition 65's Warning Language Requirements is One Year Out

by Clark Hill PLC on

Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires consumer warnings for products that contain one or more of numerous listed chemicals that are known by the State of...more

WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?

by Wilson Elser on

After many years of debate, consideration and public input, California’s new regulations go into effect on August 30, 2018, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 - commonly known as Prop 65....more

Six things to know about glyphosate

by DLA Piper on

Glyphosate, one of the most widely used herbicides in the world, is under scrutiny by media and plaintiff groups amid recent reports that it is potentially carcinogenic. A key ingredient in consumer and industrial...more

Practitioner Insights: California Crowdsources Chemical Rules: What Could Go Wrong?

by Alston & Bird on

Environmental and product regulations, traditionally a science-obsessed and labyrinthine area of the law dominated by experts in administrative agencies, will receive an internet-age overhaul to make them more accessible to...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from November 16-December 15, 2016. Happy New Year! As 2016 ended, Latin America continued its focus on sustainability issues and renewable energy policies, spurred in large...more

WARNING: Proposition 65 Warning Requirements Have Changed

by K&L Gates LLP on

Thirty years after its enactment, California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65”) remains an undiminished irritant to businesses who sell products that are used in...more

Prop 65 Update: The Rules They Are a Changin'

by Lewitt Hackman on

Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, among other things requires businesses employing ten or more people to warn consumers if the business’ products contain a chemical...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from October 16 - November 15, 2016. During this last reporting period, key developments include: - Argentina’s congress proposes a spate of new initiatives to govern wastes...more

Emerging Trends Newsletter - Q3

by Stinson Leonard Street on

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

WARNING: California’s Proposition 65 Warning Requirements are Changing

by Kelley Drye & Warren LLP on

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently finalized substantial amendments to the regulations governing the provision of warnings required by “Proposition 65” (a/k/a the “Safe Drinking...more

OEHHA Issues Notice of Intent to List PFOA and PFOS

by Bergeson & Campbell, P.C. on

On September 16, 2016, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of intent to list perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate...more

The Toxic Substances Control Act Amendments May Do Little to Relieve California Headaches for Businesses

by Morrison & Foerster LLP on

Business groups largely supported the Toxic Substances Control Act (TSCA) Amendments?recently signed into law by President Obama—in order to address concerns about the emergence of varying state-by-state requirements that...more

Proposition 65: OEHHA Proposes Revisions to Its Proposed Proposition 65 Warning Regulations

On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) modified its November 27, 2015, proposed rule that would repeal and replace the Proposition 65 (Prop 65) Article 6 regulations...more

OEHHA Issues Additional Modifications to Proposition 65 Article 6: Clear and Reasonable Warning Requirements

by Beveridge & Diamond PC on

On March 25, 2016, the California Office of Environmental Health and Hazard Assessment (“OEHHA”) released a Notice of Modification to Text of the Proposed Repeal and Adoption of a New Article 6 Clear and Reasonable Warning...more

Prop 65 Regulatory Activity Raises New Compliance Questions for Industry

by Beveridge & Diamond PC on

Summary: This post explores recent developments in California under Prop 65, including programmatic changes, new chemical listings, and related litigation. Companies that operate in California should be aware of these...more

Health Canada Assesses Monetary Penalties against Company under Canadian Product Safety Act for First Time

On March 11, Health Canada announced that it had assessed administrative monetary penalties under the Canada Consumer Product Safety Act (CCPSA) against company Orange TKO Industries (Orange TKO or the Company) of Calgary. ...more

California Adopts Additional Phthalate Proposition 65 Safe Harbor Limit - Agency Rejects Calls for Higher (and Lower) Limit

by King & Spalding on

California’s Office of Administrative Law has amended the list of regulatory safe harbor levels under Proposition 65 to include the chemical diisononyl phthalate (DINP), setting the limit at 146 micrograms per day...more

Proposition 65: OEHHA Repeals and Re-Proposes Revisions to Proposition 65 Warning Regulations

by Bergeson & Campbell, P.C. on

On November 27, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) took two actions: (1) it withdrew its proposed rule issued on January 16, 2015, that would have repealed and replaced the existing...more

Food and Beverage News and Trends

by DLA Piper on

California bill to require warning labels on sugary drinks dies in committee. On April 29, a bill that would have required warning labels on sugary soft drinks failed to move forward in the California legislature. The...more

Prop 65 Amendment Would Limit Frivolous Claims and “Overwarning”

Legislation was introduced in the California Assembly last week to provide much-needed relief from frivolous Proposition 65 claims and avoid “over-warning” the public where scientific evidence shows that products or premises...more

Get Ready Now for the Upcoming Proposition 65 Warning Requirements for DINP and Other Chemicals

by Morrison & Foerster LLP on

With the 2014 holiday season fast approaching, businesses should not lose sight of what the Proposition 65 “bounty hunter” plaintiffs’ lawyers are eagerly awaiting. And that’s the opportunity to send out 60-Day Notice letters...more

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