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
2025 will be a landmark year in the regulation of per- and polyfluoroalkyl substances (“PFAS”), which have been nicknamed “forever chemicals” because of their persistence in the environment. For decades, PFAS have been used...more
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
Has the final bell rung for PFAS in food packaging? On February 28, 2024, the Food and Drug Administration (FDA) announced that all grease-proofing agents containing per- and polyfluoroalkyl substances (PFAS) “are no longer...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
Many of us think of coffee as a morning essential, however, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether coffee must have a Proposition 65...more
3/11/2020
/ American Cancer Society ,
Beverage Manufacturers ,
Cancer ,
Chamber of Commerce ,
False Statements ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Motion to Dismiss ,
OEHHA ,
Proposition 65 ,
Scientific Evidence ,
Starbucks ,
State Attorneys General ,
Toxic Chemicals
The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted amendments to California Code of Regulations, section 25600.2 – the section titled “Responsibility to Provide Consumer Product Exposure...more
1/30/2020
/ Amended Regulation ,
Consumer Product Companies ,
Corporate Counsel ,
Distributors ,
Manufacturers ,
Notice Requirements ,
OEHHA ,
Proposition 65 ,
Retailers ,
Supply Chain ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
What is Prop 65? -
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more
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