A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the...more
6/17/2025
/ Appeals ,
California ,
Constitutional Challenges ,
Corporate Counsel ,
Enforcement Actions ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Proposition 65 ,
State Attorneys General ,
Warning Labels
Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings...more
Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more
As businesses and legal professionals strive to keep pace with California’s ever-changing regulatory environment, Proposition 65 (“Prop 65”) remains a key focal point. Known for its stringent requirements on chemical exposure...more
1/27/2025
/ California ,
Enforcement Actions ,
Hazardous Substances ,
New Legislation ,
New Rules ,
PFAS ,
Proposition 65 ,
Regulation ,
Regulatory Agenda ,
State Attorneys General ,
Toxic Chemicals
California recently amended its Proposition 65 regulations to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat...more
11/12/2024
/ California ,
First Amendment ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
New Rules ,
OEHHA ,
Proposition 65 ,
Regulatory Agenda ,
Toxic Chemicals ,
Warning Labels
2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or...more
Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more
11/15/2023
/ Appeals ,
California ,
Chemicals ,
Commercial Speech ,
Enforcement ,
Environmental Protection Agency (EPA) ,
First Amendment ,
Free Speech ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Warning Labels
Companies should regularly assess their Prop 65 compliance. Products, packaging, business relationships, and the rules for compliance are constantly changing. Start 2023 off right with a review of your compliance practices to...more
California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California...more
12/14/2022
/ California ,
Cancer ,
First Amendment ,
New Legislation ,
New Regulations ,
New Rules ,
OEHHA ,
Proposition 65 ,
Public Comment ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
California Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Safety Code § 25249.5 et seq.) (“Prop 65”) is a California law that prohibits any person in the course of doing business from “knowingly and...more