News & Analysis as of

Warning Labels Chemicals Toxic Chemicals

Farella Braun + Martel LLP

The looming BPS warning deadline, Chris Rendall-Jackson

On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more

Kelley Drye & Warren LLP

The California Prop 65 Acrylamide Saga Continues

Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years...more

Kelley Drye & Warren LLP

California Still Seeking Proper Balance for Prop 65 Short Form Warnings

The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. ...more

Kelley Drye & Warren LLP

The Prop 65 Pandemic: No Covid Slow-Down for Enforcement

While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In...more

Kelley Drye & Warren LLP

The Prop 65 Annual Conference: Notes from the Front 2020

(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more

Perkins Coie

An Introduction to California's Proposition 65: What is Proposition 65?

Perkins Coie on

Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...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

Clark Hill PLC

Proposition 65 and the Hospitality Industry

Clark Hill PLC on

Amendments to California’s Proposition 65 have imposed specific warning requirements on hospitality businesses. A failure to comply with these requirements can result in investigations by the Attorney General, or private law...more

Bergeson & Campbell, P.C.

California Lists Nickel (Soluble Compounds) on Prop 65 as Known to Cause Reproductive Toxicity

Effective October 26, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) added nickel (soluble compounds) to the list of chemicals known to the state to cause reproductive toxicity for purposes of...more

Buchalter

Environmental Health News: New Proposition 65 Rules Are Now In Effect

Buchalter on

Proposition 65 (often referred to as “Prop 65”) is an environmental health law enacted in California as the “Safe Drinking Water and Toxic Enforcement Act” in 1986. Despite this official title, the scope of Prop 65 regulates...more

Kelley Drye & Warren LLP

Could Federal Legislation Save Proposition 65?

Kelley Drye & Warren LLP on

Recent events have raised questions about the viability and utility of California’s infamous Proposition 65. The past few months have seen courts reject the listing of glyphosate as a “known” carcinogen on First Amendment...more

Buchalter

The Impact the New Prop 65 Warning Regulations on Commercial Property Owners

Buchalter on

Introduction - The Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”)[i] is an expansive “right to know” law which requires businesses to provide warnings before exposing people to certain chemicals....more

Davis Wright Tremaine LLP

Don’t Touch That Dial

A reminder that new Prop 65 regulations become effective the end of this month and some key changes may directly affect online on-product warnings, internet sales, catalog sales and even on-TV sales. ...more

Kelley Drye & Warren LLP

WARNING: New Proposition 65 Amendments Go Into Effect August 30

We are seven weeks away from the California Proposition 65 amendments adopted in 2016 going into full effect, including substantial changes to the wording and format for providing warnings, new guidance on providing warnings...more

Davis Wright Tremaine LLP

California Proposition 65 Amendments – An Unsavory Impact on Food and Beverage Industries?

Now is the time to update your Proposition 65 warnings in California. On August 30, 2018, new regulations go into effect changing the warnings required for the food and beverage industries. Amendments to California’s...more

Hogan Lovells

California Judge Rules Against the Coffee Industry in Notable Acrylamide Proposition 65 Case

Hogan Lovells on

Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...more

Clark Hill PLC

Changes to California's Proposition 65

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California’s Proposition 65 applies to any product sold in California, or any location in the state. It requires that, if the product or location contains one of over 900 potentially cancer causing or reproductive toxicant...more

Downey Brand LLP

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

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

Clark Hill PLC

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

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

Alston & Bird

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

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

Lewitt Hackman

Prop 65 Update: The Rules They Are a Changin'

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

Stinson LLP

Emerging Trends Newsletter - Q3

Stinson LLP 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

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