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Farella Braun + Martel LLP

The Proposition 65 Compliance Deadline for Vinyl Acetate is Fast Approaching

Starting on Jan. 3, 2026, warning requirements for vinyl acetate can be enforced under California’s Proposition 65, which is commonly referred to as “Prop 65.” The California agency charged with implementing Prop 65, the...more

DLA Piper

Industrials Regulatory News and Trends - December 2024 #2

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California amends Prop 65 short-form warnings. California’s Office of Environmental Health Hazard Assessment has announced long-expected new amendments to its Prop 65 short-form warning requirements. ...more

BCLP

More Changes Under Consideration For Prop. 65 Short-Form Warnings

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The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Proposes Additional Changes to “Short-Form” Warning Option

On June 14, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for...more

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more

Bergeson & Campbell, P.C.

California Court Grants Injunction to Stop Prop 65 Warnings for Titanium Dioxide in Cosmetic and Personal Care Products

On June 12, 2024, the U.S. District Court for the Eastern District of California (District Court) issued an Order granting a preliminary injunction brought by the Personal Care Products Council (PCPC), which alleged that the...more

Fishman Haygood LLP

U.S. Eleventh Circuit Rejects FIFRA Preemption in Roundup Case

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As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...more

Downey Brand LLP

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

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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

Downey Brand LLP

Surprising Surge in Sauces Tops Prop. 65 Food Notices in Third Quarter 2023

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Proposition 65: Quarterly Highlights (October 2023) - Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes Notices filed in the third quarter of 2023. Citizen plaintiff groups filed one...more

Alston & Bird

New Changes to Proposition 65’s Warning Requirements Are on the Horizon

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Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more

Downey Brand LLP

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

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Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

Downey Brand LLP

Proposition 65 Quarterly Notice – Third Quarter 2022: Citizen Plaintiff Groups Continue to Pursue Seafood, Ceramics, and Personal...

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Last quarter, citizen plaintiff groups issued nine hundred twenty-seven (927) total Notices of Violation (“Notices”), which was over one hundred fifty (150) more than the second quarter of 2022. As reported in Downey Brand’s...more

Downey Brand LLP

Proposition 65 Notices of the Month – March 2022: Paper Straws and Food Claims Galore

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In March 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued hovered just above two hundred (200) claims in total. Notably, new claims regarding alleged...more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2022: Cassava Flour and Chips, Hot Cocoa, Ceramics and Glassware, Boots and Shoes,...

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In February 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued was approximately two hundred (200) in total. Food and nutritional supplement claims were...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a...

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As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more

Downey Brand LLP

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

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Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

Downey Brand LLP

Proposition 65 Notices of the Month – October 2021: Wildlife & Duck Calls, Socks, Spices, Fruits & Vegetables, and Pasta

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In October 2021, citizen plaintiff groups issued more than two hundred fifty (250) new Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged...more

Downey Brand LLP

Proposition 65 Notices of the Month – September 2021: Fenugreek, Psyllium Husk Powder, Beet Powder, Stuffed Grape Leaves, Ceramics...

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In September 2021, citizen plaintiff groups issued two hundred fifty (250) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged “violators”...more

Downey Brand LLP

Proposition 65 Notices of the Month – August 2021: Plastic Consumer Products and Components, Tortilla Chips, Banana Chips, Almond...

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Last month, citizen plaintiff groups issued over three hundred thirty-five (335) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”). Alleged phthalates in plastic consumer products and components made up the largest...more

Downey Brand LLP

Proposition 65 Notices of the Month – July 2021: Protein Powders, Tea, Molasses, Hand Sanitizer, Sunscreen, CBD Oil, Receipt...

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July 2021 was a noteworthy month for newly initiated Proposition 65 (“Prop. 65”) claims as reflected in 60-day Notices of Violation (“Notices”). While last month’s total number of Notices (two hundred forty-eight (248)) was...more

Downey Brand LLP

Proposition 65 Notices of the Month – June 2021: Peppermint Extract, Salted Plums/Saladitos, Canned Fruits, Seaweed & Seafood,...

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In June 2021, Proposition 65 (“Prop. 65”) citizen plaintiff groups were active once again, and sent over three hundred (300) total Notices. Once again, a large part of this activity related to allegations regarding food...more

Downey Brand LLP

Proposition 65 Notices of the Month – May 2021: Notice Activity Rebounds; Plaintiff Groups Target Tools that Generate Wood Dust,...

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In May 2021, Proposition 65 (“Prop. 65”) citizen plaintiff groups were active once again. More specifically, plaintiff groups filed two hundred ninety-eight (298) Prop. 65 Notices of Violation (“Notices”), which was nearly...more

Downey Brand LLP

Proposition 65 Notices of the Month – April 2021: Overall Declines in the Number of Food Notices for Acrylamide and Heavy Metals,...

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In April, much to the relief of food and consumer products industries, Proposition 65 (“Prop. 65”) citizen plaintiff groups sent roughly half of the number of 60-Day Notices of Violation (“Notices”) that they sent in prior...more

Downey Brand LLP

Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen

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On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) released a Notice of Intent (NOI) to list perfluorooctanoic acid (PFOA) as a carcinogen under Proposition 65 via the Authoritative...more

Downey Brand LLP

Proposition 65 Notices of the Month – March 2021: Plastic Consumer Products, Fruits & Vegetables, New Chemical Pulegone in...

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In March, Proposition 65 (“Prop. 65”) citizen plaintiff groups once again sent just over three hundred (300) total 60-Day Notices of Violation (“Notices”). Plaintiff groups issued the most amount of Notices for phthalates in...more

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