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Summer’s Heating Up: New Wave of Prop. 65 Notices Targets BPS in Thermal Paper

In the three months since our previous post about major California businesses being targeted with a Proposition 65 (“Prop. 65”) Notice of Violation (“NOV”) for allegedly exposing California customers to Bisphenol S (BPS) in...more

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more

Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs

California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more

California Proposition 65: Approved Changes Overhaul Safe Harbor Warnings

On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more

Will Makeup Get a Makeover?: Titanium Dioxide in Cosmetics

UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more

OEHHA Proposes Sweeping Changes to California’s Proposition 65 Warning Requirements

On October 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, proposed significant changes to the Proposition 65...more

U.S. Supreme Court Declines to Review Decision Blocking Prop. 65 Acrylamide Cancer Lawsuits

For those following the acrylamide saga (see, e.g., our earlier blog post), on Monday of this week, the U.S. Supreme Court declined to review the injunction blocking new Prop. 65 lawsuits as to cancer warning labels on foods...more

California’s Proposition 65: New “Safe Harbor” Warning Option for Acrylamide

Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years. As we previously...more

Proposition 65 – Changes That Will Impact the Cannabis Sector [Audio]

The Grass is Always Greenberg welcomes Greenberg Glusker Environmental Law Partner, Sedina Banks, to discuss changes to California’s Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of...more

WARNING: Ability to Use Proposition 65 Short-Form Warnings May be Short Lived

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed significant changes to the Proposition 65 warning requirements that may impact businesses’ Proposition 65...more

Even Your Parking Structure Violates Prop 65

The Prop 65 “Clear and Reasonable Warnings” updates that became effective in August 2018 contain lots of traps for the unwary, including one that you might not have noticed: tailored Prop 65 warnings are required at each of...more

WARNING: New Proposition 65 Requirements Effective August 30, 2018

Significant changes to the Proposition 65 warning requirements will soon become effective. Businesses should act now to ensure compliance with these new requirements....more

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