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
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
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
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
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
It’s been more tricks than treats this season for restaurants located in California. In the past few weeks, there have been over 100 California Proposition 65 60-day notices of intent to sue issued on behalf of claimant...more
This week, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the proposed Prop. 65 additional safe harbor warning options for acrylamide have become final. The safe harbor options will be included in...more
On Monday, consumer group, Ecological Alliance, LLC, filed a lawsuit against the makers of the Carefree brand of menstrual liners, Edgewell Personal Care Brands, LLC, alleging that the liners contained perfluorooctanoic acid...more
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
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
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
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
Please join us on January 27th for a complimentary MCLE presentation as we discuss updates in environmental law, including those impacting:
- Environmental due diligence including Phase I due diligence changes
-...more
As schools reopen and in-person learning resumes, school teachers and administrators should be aware of laws regulating the purchasing of art supplies in schools. A preview of some of these laws is as follows...more
The Los Angeles area is home to iconic food innovators, family-run restaurants of every ethnic stripe, and competition-winning restaurateurs. A successful restaurant or food and beverage company is also a business enterprise...more
7/21/2021
/ Beverage Manufacturers ,
Commercial Real Estate Contracts ,
Corporate Branding ,
Food Labeling ,
Food Manufacturers ,
Intellectual Property Protection ,
OEHHA ,
Plant Based Products ,
Popular ,
Proposition 65 ,
Restaurant Industry ,
Trademark Application ,
USPTO
It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental...more
4/21/2021
/ Amended Regulation ,
Food Labeling ,
Manufacturers ,
OEHHA ,
Preliminary Injunctions ,
Proposition 65 ,
Regulatory Requirements ,
Safe Harbors ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
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
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
Significant changes to the Proposition 65 warning requirements will soon become effective. Businesses should act now to ensure compliance with these new requirements....more