News & Analysis as of

Enforcement Proposition 65

Morrison & Foerster LLP - Class Dismissed

California Updates Prop 65 Short-Form Warning Requirements

On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect. Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more

Buchalter

Proposition 65 Warning Regulations Revised, Including Widely-Used Short-Form Warning

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California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has revised the regulations on “Safe Harbor” warning language effective January 1, 2025. While a business is not required to use these Safe Harbor...more

Beveridge & Diamond PC

Environmental Developments to Watch in California in 2025

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As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile...more

Keller and Heckman LLP

December 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Kelley Drye & Warren LLP

New Target for Prop 65 Plaintiffs: Bisphenol-S

The New Year rings in with a likely wave of new enforcement actions under California’s Proposition 65 targeting Bisphenol-S (BPS), a popular substitute chemical for Bisphenol-A (BPA) which itself has been targeted by...more

Greenberg Glusker LLP

California Proposition 65: Approved Changes Overhaul Safe Harbor Warnings

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On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more

Greenberg Glusker LLP

Prop. 65 Halloween Special: More Tricks than Treats for California Restaurants

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It’s been more tricks than treats this season for restaurants located in California. In the past few weeks, there have been over 100 California Proposition 65 60-day notices of intent to sue issued on behalf of claimant...more

Farella Braun + Martel LLP

Preliminary injunction issued regarding enforcement of Prop 65 warning requirement for titanium dioxide in cosmetic and personal...

On June 12, 2024, in Personal Care Products Council v. Bonita (No. 23-1006), the U.S. District Court for the Eastern District of California issued a preliminary injunction regarding enforcement of Prop 65's warning...more

Greenberg Glusker LLP

Will Makeup Get a Makeover?: Titanium Dioxide in Cosmetics

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UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

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On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Sheppard Mullin Richter & Hampton LLP

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

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

Sheppard Mullin Richter & Hampton LLP

WARNING: Get Your Prop 65 House in Order for the New Year

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

Sheppard Mullin Richter & Hampton LLP

Up In Smoke – CA Court of Appeal Dismisses Prop 65 Case Against Water Pipe Manufacturer Narrowly Construing The Term “Expose”

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

Buchalter

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

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On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more

Vedder Price

The Long Reach of Proposition 65

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According to the Center for Accountability in Science, since 2010, businesses have spent over $182 million to settle Prop 65 lawsuits. What most companies do not realize is that 75% of settling businesses were headquartered...more

BCLP

Updated PFAS State Snapshot: California PFAS Regulation

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California is one of several states that has started regulating per- and polyfluoroalkyl substances (“PFAS”) in drinking water and consumer products.  This updated client alert reflects the status of PFAS regulations in...more

Miller Starr Regalia

Warning: Non-Compliance With California’s New Proposition 65 Safe Harbor Rules May Expose You To Liability. For More Information

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The Safe Drinking Water and Toxic Enforcement Act, popularly known as “Proposition 65” (or “Prop. 65”), requires businesses to warn California residents before exposing them to specified chemicals. ...more

Dorsey & Whitney LLP

Prop 65 Developments Relevant to the Food & Beverage Industry: Changes On Three Important Fronts

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The perils of Prop 65 claims are well-known to most food and beverage companies around the world. Through its one-of-a-kind labeling law, California regulates thousands of businesses that sell consumer goods to Californians,...more

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