News & Analysis as of

California Food Manufacturers Toxic Chemicals

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

Kilpatrick on

We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

ArentFox Schiff

RFK Jr. Sets Sights on Currently Authorized Synthetic Food Dyes

ArentFox Schiff on

On April 22, at the direction of US Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., both the US Food and Drug Administration (FDA) and HHS published identical statements announcing the...more

Greenberg Glusker LLP

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on

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

Farella Braun + Martel LLP

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

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

DLA Piper

California Adds Teeth to PFAS Laws Covering Juvenile Products, Textiles, and Food Packaging

DLA Piper on

On September 29, 2024, California Governor Gavin Newsom signed into law AB 347, adding comprehensive registration, certification, and enforcement provisions to California’s existing and forthcoming restrictions on the use of...more

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

Downey Brand LLP on

Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more

Sheppard Mullin Richter & Hampton LLP

FDA Moves to End Use of Brominated Vegetable Oil in Food

Within a month of California becoming the first state in the nation to ban manufacturing with, selling, or distributing food items that contain brominated vegetable oil (BVO), FDA has proposed to revoke the regulation...more

Alston & Bird

Federal Judge Enjoins Enforcement of Prop. 65 Warning Requirements for Acrylamide in Food and Beverages

Alston & Bird on

A California district court has granted a preliminary injunction to the California Chamber of Commerce and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food. Our Environment, Land...more

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