Appeals, First Amendment, California

Trial Court Strikes Down California’s Prop 65 Acrylamide Warning Requirements

Sheppard Mullin Richter & Hampton LLP on 6/17/2025

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

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on 5/8/2025

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

District Court Issues Permanent Injunction Enjoining Enforcement of Prop 65 Warning Requirements for Dietary Acrylamide

Farella Braun + Martel LLP on 5/8/2025

On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....more

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on 4/23/2025

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

What Would John Wilkes Booth Do? Mandatory COVID Vaxes for Actors

Proskauer - California Employment Law on 4/1/2025

Although the threat of COVID-19 (remember that?) seems to have diminished considerably over the past five years, once upon a time in Hollywood many production companies (along with other employers) required employees to be...more

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

Sheppard Mullin Richter & Hampton LLP on 11/15/2023

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

A Cautionary Note on Honking Your Own Horn

Carlton Fields on 4/12/2023

On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

Appeals › First Amendment › California