News & Analysis as of

Warning Labels Manufacturers

More than just new warnings: important changes in Prop 65 liability allocation take effect August 2018

by DLA Piper on

Companies that sell products, foods or beverages in California or that manufacture, supply or distribute products sold in California should review important new Proposition 65 regulations carefully and be sure to examine...more

Proposition 65: What Businesses Selling Products in California Need to Know

by Hodgson Russ LLP on

When selling products in the United States, it is important to note that some states have stricter regulations than others. California is the quintessential example, where its Proposition 65 requires businesses to provide...more

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

New Proposition 65 Warning Regulations Take Effect in 2018

by Downey Brand LLP on

In less than a year, on August 30, 2018, the new Proposition 65 warning regulations will go into effect. Proposition 65 (Safe Drinking Water and Toxic Enforcement Act) requires businesses to provide Californians with a clear...more

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

Proposition 65: OEHHA Releases Q&A Regarding Proposition 65 Regulations for Clear and Reasonable Warnings

by Bergeson & Campbell, P.C. on

In August 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) released a Questions and Answers for Businesses (Q&A) document related to its August 28, 2016, adopted revisions to its Proposition 65...more

Product Liability Update: October 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Multi-District Litigation Holds Under Six States’ Laws That Manufacturer Of Brand-Name Pharmaceutical Is Not Liable For Injuries Caused By Generic Equivalents Whose Manufacturers Were Required...more

Cannabis Prop 65 Liability: Lessons Learned from the Dietary Supplement Industry

by Wilson Elser on

The cannabis industry appears to be next on the liability “hit list” under California’s notorious Proposition 65 statute. In June 2017, more than 700 Prop 65 notices were served on California cannabis businesses. Companies in...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

Is Your Company Ready for the New Prop 65?

by Polsinelli on

One year from now, companies that do business in California will have to comply with new warning regulations under the state’s Safe Drinking Water and Toxic Enforcement Act (“Proposition 65”)....more

A Rose by Any Other Name: Drug Claims Make Your Cosmetic a Drug

by Arnall Golden Gregory LLP on

Last month, FDA district offices issued Warning Letters to two cosmetic companies for making claims that established their products as drugs. In finding that the products were new drugs requiring premarket approval, FDA...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

Warning: New Proposition 65 Warning Regulations Taking Effect

by Morrison & Foerster LLP on

A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for...more

Reversal of $48 Million Product Liability Verdict Required Due to Inconsistent Jury Findings on Failure to Warn Claims and...

In Trejo v. Johnson & Johnson, et al. (No. B238339, filed 6/30/2017), the California Second Appellate District held, among other things, that the jury’s finding that defendant was liable for negligent failure to warn was...more

California’s New Prop. 65 Warning Regulations Put Primary Burden for Providing Warning on Manufacturers

by Bryan Cave on

Companies that do business in California should be familiar with Proposition 65, which prohibits knowingly and intentionally exposing consumers to a chemical known to the state to cause cancer or reproductive harm without...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

Heeding Presumption Only Goes So Far In Post-Sale Warning Case

by Reed Smith on

Devoted as we are to the defense of manufacturers of prescription drugs and medical devices, we have often advocated for the full implication of the fundamental—to us, at least—requirements that warnings claims focus on the...more

3D Printing of Manufactured Goods: An Updated Analysis

by Reed Smith on

(NEW YORK) December 15, 2016 – Reed Smith LLP today released “3D Printing of Manufactured Goods: An Updated Analysis,” a comprehensive new white paper that provides in-house counsel and industry leaders with an in-depth look...more

New Prop 65 warning rules impose additional burdens on California businesses

by Thompson Coburn LLP on

The California Office of Environmental Health Hazard Assessment (OEHHA), the lead Proposition 65 enforcement agency, recently adopted new Prop 65 regulations. (Title 27, California Code of Federal Regulations, Article 6). The...more

WARNING: Prop 65 Can Expose Product Manufacturers to Increased Litigation in California

by Stinson Leonard Street on

California's Proposition 65 ("Prop 65") requires product manufacturers and sellers to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone in California to a chemical listed by the...more

Proposition 65: New regulations for "clear and reasonable" warnings

by Dentons on

Remember when the warning above was “clear and reasonable” for purposes of Proposition 65? Soon that will no longer be true. Following a two-year rulemaking, the California Office of Environmental Health Hazard Assessment...more

California Prop 65: More Unintended Consequences

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning...more

New Modifications to the Proposition 65 Regulations

by Morgan Lewis on

The modifications significantly change both the AG’s Regulations and OEHHA’s Clear and Reasonable Warnings provisions. California’s Office of Administrative Law recently approved important changes to two sets of Proposition...more

California Adopts Amendments to Prop 65 “Safe Harbor” Warning Requirements

In September, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) announced that it had adopted amendments to the regulations governing California’s Proposition 65, which requires that businesses provide a...more

California Adopts New Regulations For Warnings Under Proposition 65: CAVEAT VENDITOR (Sellers Beware)

by Seyfarth Shaw LLP on

Come August 30, 2018, consumer products to be released into the California marketplace must meet new regulations under California’s infamous Proposition 65. On August 30, 2016, the California Office of Administrative Law...more

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