News & Analysis as of

Proposition 65 Product Labels California

Bergeson & Campbell, P.C.

Prop 65 “Short Form” Warning Requirements — A Conversation with Lisa R. Burchi

This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know...more

Sheppard Mullin Richter & Hampton LLP

Navigating the Legal Soup: A New “Short-Form” Recipe for Prop 65 Warnings on Food and Beverages

Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings...more

Foley & Lardner LLP

Prop 65: Changes to Short-Form Warnings Will Cause Long-Term Impacts

Foley & Lardner LLP on

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

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

Buchalter on

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

Kelley Drye & Warren LLP

Prop 65 Update: Big Changes to the Short-Form and Internet Warnings

Major new changes to the California Proposition 65 warning requirements went into effect on New Year’s Day. After multiple attempts, California’s Office of Health Hazard Assessment (OEHHA) adopted long-awaited changes to the...more

ArentFox Schiff

What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements

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On December 6, 2024, the Office of Environmental Health Hazard Assessment, the lead agency that implements Proposition 65, announced new amendments to the Proposition 65 “short-form” warning requirements....more

Farella Braun + Martel LLP

Recent Increase in Prop 65 60-Day Notices Targeting Diethanolamine in Cosmetics

There has been a recent increase in the number of Prop 65 60-Day Notices targeting diethanolamine in cosmetics.  Diethanolamine is generally used in cosmetics as an emulsifier and to adjust pH, and it was listed under Prop 65...more

K&L Gates LLP

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

K&L Gates LLP on

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

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

ArentFox Schiff

Prop 65 Roundup - December 2023

ArentFox Schiff on

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...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

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