News & Analysis as of

Proposition 65 OEHHA Public Health

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

ArentFox Schiff

Prop 65 Roundup - January 2025

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What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements - On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition...more

Husch Blackwell LLP

California’s Proposition 65 Short-Form Warnings Now in Effect

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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

Farella Braun + Martel LLP

The looming BPS warning deadline, Chris Rendall-Jackson

On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more

ArentFox Schiff

Will California’s Proposed Acrylamide Warning Amendment Under Proposition 65 Pass Legal Muster?

ArentFox Schiff on

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed additional safe harbor warnings for products containing acrylamide in response to recent litigation questioning the constitutionality of such...more

Troutman Pepper Locke

California Considers Modifying Prop 65 Warning Requirements (Again)

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In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more

ArentFox Schiff

Prop 65 Roundup - July 2023

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CEH Takes Legal Action Against Five Metal Plating Facilities Discharging High Levels of PFAS Chemicals into the Environment in LA County - Cision PR Newswire - LOS ANGELES, June 12, 2023 - Nonprofit organization the...more

BCLP

Consumer products regulations on the rise for 1,4-Dioxane

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In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more

Jenner & Block

New PFAS Additions to the Proposition 65 List Friday

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Over the past week, several new per- and polyfluoroalkyl substances (PFAS) have been added to California’s Proposition 65 list. In March 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) selected...more

Downey Brand LLP

OEHHA Issues Highly Anticipated Draft Public Health Goals for PFOA and PFOS in Drinking Water

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Last week, the Office of Environmental Health Hazard Assessment (OEHHA) released draft public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. OEHHA’s...more

Womble Bond Dickinson

Coffee Purveyors Win Long Brewing Prop 65 Fight

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Does your morning coffee need a warning label other than “Caution: Contents Hot”? A California judge doesn’t think so. In August, a California judge ended a decade long lawsuit alleging that dozens of coffee roasters and...more

Perkins Coie

California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

Perkins Coie on

On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. The lawsuit seeks to...more

ArentFox Schiff

Should Food Products With Acrylamide Be Exempted From Proposition 65?

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On October 7, 2019, the California Chamber of Commerce filed suit against the State of California requesting that a federal district court enjoin the State and private enforcers from requiring Proposition 65 warnings on foods...more

BCLP

California Chamber of Commerce Challenges Prop. 65 Warning for Acrylamide in Food and Beverage Products

BCLP on

The California Chamber of Commerce has filed a lawsuit seeking to prevent the state from “enforcing a requirement to provide a false, misleading, and highly controversial cancer warning for food and beverage [] products that...more

Mintz - Consumer Product Safety Viewpoints

Do You Want Fries With That?

The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern...more

Hogan Lovells

California Chamber of Commerce Challenges the Proposition 65 Acrylamide Warning for Foods

Hogan Lovells on

A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more

Buchalter

Have a holly, jolly and Prop. 65 compliant Christmas!

Buchalter on

For those of you who are getting ready for the holidays, be aware that the Prop. 65 website is now warning consumers about potential exposures to chemicals in holiday lights. In particular, OEHHA advises that some holiday...more

Lewitt Hackman

Prop 65: California May Change Up Chain of Commerce Responsibility

Lewitt Hackman on

Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted....more

Downey Brand LLP

Tentative Ruling Could Mean You Have to Give A Prop 65 Warning for Every Cup of Coffee You Sell or Give to Consumers

Downey Brand LLP on

For the past eight years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California...more

Best Best & Krieger LLP

Best in Law: New Prop. 65 Warning Rules Hit Shopkeepers in August

Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published...more

Downey Brand LLP

Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017

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On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more

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