News & Analysis as of

Warning Labels First Amendment Constitutional Challenges

Dorsey & Whitney LLP

Federal Court Curbs California’s Proposition 65, Giving Some Relief to Businesses Selling Products in California

Dorsey & Whitney LLP on

California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...more

BakerHostetler

Federal Court Blocks FDA’s Graphic Cigarette Warning Rule: The Limits of Regulatory Authority

BakerHostetler on

On Monday, a federal judge from the Eastern District of Texas, Judge J. Campbell Barker, ruled that the U.S. Food and Drug Administration (FDA) exceeded its authority under the Tobacco Control Act by requiring cigarette...more

Benesch

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific...

Benesch on

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65...more

Hogan Lovells

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

Hogan Lovells on

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

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