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
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
TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) -
TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more
4/30/2018
/ Appeals ,
CERCLA ,
Chemicals ,
Clean-Up Costs ,
Contamination ,
Cost Allocation ,
Environmental Claims ,
Federal Contractors ,
Governmental Liability ,
Hazardous Substances ,
Manufacturing Facilities ,
Military Contracts
President Obama just signed a bill amending the Toxic Substances Control Act (“TSCA”), changing the way the EPA regulates chemicals. For the last 25 years, the EPA has regarded TSCA’s principal control provision as unworkable...more