Proposition 65 – Changes That Will Impact the Cannabis Sector
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Cannabis Counsel Cast: Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning
Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
In the first half of 2025, two private enforcers have targeted over 200 companies operating in the state for purported exposure to Bisphenol S (BPS) from retail store thermal receipts provided to customers in California. The...more
California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results...more
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
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. On June 9, HHS Secretary Robert F. Kennedy, Jr., announced that he is “retiring”...more
On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more
In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more
The California Office of Environmental Health Hazard Assessment (OEHHA) recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions...more
California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more
It is not all doom and gloom for the cannabis industry this year; positive developments across states and the potential (albeit remote) for federal rescheduling means the cannabis industry can expect ongoing advancements....more
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
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
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are required to provide in...more
2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or...more
ACI and CRN are excited to welcome you back to New York City this Spring for the 11th Legal, Regulatory & Compliance Forum on Dietary Supplements. Since last year, there have been numerous important developments...more
Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in...more
As we previously reported, in 2019 the California Chamber of Commerce filed suit against the State of California requesting that the State and private enforcers be enjoined from requiring Proposition 65 warnings on foods that...more
California’s regulatory framework for cannabis and hemp-derived products, including CBD, continues to evolve, most recently via updated Proposition 65 warning requirements that came into full effect Jan. 3, 2021. As of that...more
New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products...more
A comprehensive guide to the latest developments affecting non-prescription drug products under Monograph Reform. American Conference Institute’s Advanced Legal, Regulatory and Compliance Forum on Over-the-Counter Drugs will...more
Prop 65 Counsel: What To Know - Court to Consider Permanent Injunction on Arbitration Law; Prop. 65 Acrylamide Lawsuit Pending - CalChamber Advocacy - On Friday, US District Judge Kimberly J. Mueller is expected...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims - The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more
The California Assembly passed a bill (AB 1123) earlier this month that would require litigants in private Proposition 65 enforcement actions to notify the state Attorney General (AG) of any appeals in such cases. Current...more
Proposition 65 plaintiff groups are starting 2019 with a practically unprecedented bounty of enforcement actions underway. According to information available from the California Attorney General’s Prop 65 website, almost...more
Last month, the Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to clarify Proposition 65 reproductive toxicity sampling requirements for food products. California’s Proposition 65, also known as...more