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Prop 65 Roundup - March 2025

Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more

Prop 65 Roundup - January 2025

What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements - On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition...more

Prop 65 Roundup - November 2024

Controversial Prop 65 Warning Labels About Toxic Chemicals are Effective, Study Says - For nearly 40 years, a controversial California law has required companies to place warning labels on their products alerting...more

Prop 65 Roundup - October 2024

Safe Harbor Warnings for Acrylamide Exposure From Food - The Office of Environmental Health Hazard Assessment (OEHHA) has amended Title 27, California Code of Regulations 25607.2(b), to provide an additional safe harbor...more

Silence Is Golden: Court of Appeal Expands Legal Protections for California Medical Staffs

Expanding on the peer review protections established in Bonni v. St. Joseph Health System, the California Court of Appeal in Dignity Health v. Mounts held that a wide array of medical staff communications regarding peer...more

Prop 65 Roundup - January 2024

California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more

Prop 65 Roundup - December 2023

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more

Prop 65 Roundup - November 2023

California Bans Several FDA-Authorized Food Additives; New York May Soon Follow - On October 7, California Governor Gavin Newson signed into law AB-418, the California Food Safety Act, which completely bans, on safety...more

California Court Affirms FEHA Does Not Bar Health Care Employer’s Termination for Failure to Comply with Mandatory Vaccine Policy

California health care employers that apply mandatory vaccination policies objectively can take great comfort in a recent California Court of Appeal decision. In Hodges v. Cedars-Sinai Medical Center, the court found...more

Prop 65 Roundup - July 2023

CEH Takes Legal Action Against Five Metal Plating Facilities Discharging High Levels of PFAS Chemicals into the Environment in LA County - Cision PR Newswire - LOS ANGELES, June 12, 2023 - Nonprofit organization the...more

Prop 65 Round-Up - February 2023

PFAS-Containing Consumer Products Under Attack in California - Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and...more

Prop 65 Roundup - January 2023

OEHHA Proposes Prop. 65 Cancer Listings For Solvent, Sealant Chemicals - California’s health hazard office is proposing to list three chemicals as carcinogens under the state’s Proposition 65 toxic warning label law,...more

1/18/2023  /  OEHHA , Proposition 65

Prop 65 Roundup - December

FDA joins industry groups in opposing Prop 65 cancer listing for BPA - Chemical Watch - The US Food and Drug Administration has joined a pair of industry trade groups in opposing the potential listing of bisphenol A as...more

Read the Label: Prop 65 News Roundup - October 2022

Cannabis Company Shuts Down Unpermitted Diesel Generators 2 Years Later - SFGATE - Cannery residents paired with environmental advocacy groups Center for Environmental Health and the Environmental Democracy Project to...more

Court of Appeal Publishes Peer Review Decision Expanding Anti-SLAPP Protections for Medical Staffs and Hospitals

In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory...more

Medical Residents Have Employee Rights Under Recent California Court of Appeal Decision

In Khoiny v. Dignity Health, the California Court of Appeal held that hospital residency programs are primarily employment programs and medical residents are primarily employees. Therefore, courts should not give special...more

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings

California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings - The National Law Review - On April 5, 2022, the California Office of Environmental Health Hazard Assessment...more

California Court of Appeal Confirms McDonnell-Douglas Burden Shifting Applies to Section 1278.5 Whistleblower Retaliation Claims

In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5....more

Ninth Circuit Blocks New Acrylamide Warning Lawsuits Under Proposition 65

As we previously reported, in 2019, the California Chamber of Commerce filed suit against the State of California in federal district court, requesting that the State and private enforcers be enjoined from requiring...more

Identifying Acrylamide Exposure Risks to Protect Residents of California

Identifying Acrylamide Exposure Risks to Protect Residents of California - California’s Office of Environmental Health Hazard Assessment (OEHHA) announced it proposed adding a new subsection to Article 6 of Title 27 of...more

Proposed Restrictions on Prop 65 Short-Form Warnings

Proposed Restrictions on Prop 65 Short-Form Warnings EHS Daily Advisor Changes to California’s Proposition 65 (Prop 65) short-form warning label regulations are expected soon. Once adopted, impacted industry will have one...more

Labeling Laments: Packaging and Label Regulations Are a Major Challenge to the Expanding Cannabis Industry

Labeling Laments: Packaging and Label Regulations Are a Major Challenge to the Expanding Cannabis Industry - East Bay Express - When California cannabis companies prepare to go to market with a new product, they often...more

California Supreme Court Issues Key Decision on Peer Review Hearing Officer Bias in Natarajan V. Dignity Health

In Natarajan v. Dignity Health, the Supreme Court rejected a physician’s challenge to a peer review hearing officer based on alleged financial bias. In doing so, the Court gave hospitals helpful and long-needed guidance...more

8/16/2021  /  Appeals , Bias , CA Supreme Court , Peer Review

Speech v. Actions: California Supreme Court Issues Anti-SLAPP Decision with Significant Effect on Medical Staff Peer Review and...

On July 29, 2021, the California Supreme Court issued a major anti-SLAPP decision in Bonni v. St. Joseph Health System et al. The decision is both encouraging and disappointing for California medical staffs and the hospitals...more

The New and Improved Prop 65? Maybe, Maybe Not

Have you shopped for jewelry, cosmetics, furniture, or exercise equipment recently? If so, you have most likely come across a Proposition 65 warning sticker. If you are unsure of whether the warning label should keep you from...more

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