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Warning Labels Proposition 65 Corporate Counsel

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

McGuireWoods LLP

The Long and Short of It: Changes Proposed to Prop 65 Safe Harbor Warning Requirements

McGuireWoods LLP on

Businesses selling consumer products in California should be aware that California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed substantial changes to Proposition...more

Kelley Drye & Warren LLP

Prop 65 Compliance Tips: Further Notes from the Prop 65 Annual Conference

With so much great content from Monday’s annual Prop 65 Clearinghouse Conference, here is a follow up post highlighting some of the compliance tips shared by panelists: • Compliance Tip #1: TEST your products … but how much...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

Buchalter

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

Buchalter on

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more

Sheppard Mullin Richter & Hampton LLP

Proposition 65: California Clarifies Responsibilities To Warn Amongst Manufacturers, Distributors and Retailers

The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted amendments to California Code of Regulations, section 25600.2 – the section titled “Responsibility to Provide Consumer Product Exposure...more

Beveridge & Diamond PC

Amendments to Proposition 65’s Safe Harbor Regulations Finalized in Attempt to Clarify Legal Responsibilities of Businesses Across...

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Companies now have more guidance on how to communicate Proposition 65 warnings for products sold through distributors. The California Office of Environmental Health Hazard Assessment (OEHHA) finalized the amendments proposed...more

Kelley Drye & Warren LLP

California Finalizes Clarifications to Retailer/Supply Chain Prop 65 Warning Provisions

On January 14, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a final rule aimed at clarifying the regulations governing retailer and supply chain responsibility for providing warnings under...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

Lewitt Hackman

Prop 65: California May Change Up Chain of Commerce Responsibility

Lewitt Hackman on

Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted....more

Kelley Drye & Warren LLP

Prop 65 Court Win for Cereal Manufacturers Sets the Table for Further Challenges to Warning Requirements

In a remarkable and perhaps precedent-setting decision, a California appellate court sided with cereal manufacturers in ruling that Proposition 65 cancer warnings for acrylamide were preempted by federal policy encouraging...more

Foley & Lardner LLP

Your Webpage Is About to Violate the Law -- And Other Changes to Prop 65 Warning Requirements

Foley & Lardner LLP on

Big changes are coming to a regulation that, while well meaning, cost businesses selling products in California more than $50M in 2017 and similar amounts in prior years. California’s Safe Drinking Water and Toxic Enforcement...more

Sheppard Mullin Richter & Hampton LLP

Under the Radar Changes to Proposition 65 – OEHHA Issues New “Guidance” For Web Purchases (Is it an Illegal “Underground...

If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65. Over a year after adopting new...more

K&L Gates LLP

WARNING: Proposition 65 Warning Requirements Have Changed

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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

BCLP

EU Retail News – September 2016

BCLP on

UK retailers, like all businesses, are facing several years of uncertainty following the Brexit vote. This uncertainty will not be alleviated until the terms of the UK’s withdrawal from the European Union are defined and...more

BCLP

California May Collect Certain Information from Businesses to Support Its New Proposition 65 Website

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California’s Office of Environmental Health Hazard Assessment (OEHHA) has launched a website, www.P65Warnings.ca.gov, intended to provide both businesses and consumers with information regarding the requirements for...more

Sheppard Mullin Richter & Hampton LLP

A Proposition 65 Violation May Be Lurking in Your Cash Register Receipt

Many consumer-facing businesses have learned to identify high-risk Prop 65 targets: soft, flexible plastics; faux and colored leathers; and any kind of brass or metal that may contain lead or other heavy metals. But...more

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