News & Analysis as of

Proposition 65 Public Health

DLA Piper

Food and Beverage News and Trends - June 2025 #2

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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

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

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On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

Nelson Mullins Riley & Scarborough LLP

IARC Classifies Gasoline As a Human Carcinogen – Litigation May Follow

Last month, the International Agency for Research on Cancer (IARC) announced its new classification for “automotive gasoline and some oxygenated gasoline additives.” In a result that follows IARC’s previous pattern and...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

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

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

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

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

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

Keller and Heckman LLP

June 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

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?

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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

Keller and Heckman LLP

February 2024 Bounty Hunter Plaintiff Claims

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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

Keller and Heckman LLP

January 2024 Bounty Hunter Plaintiff Claims

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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

Keller and Heckman LLP

December 2023 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

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

Keller and Heckman LLP

November 2023 Bounty Hunter Plaintiff Claims

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

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

Environmental General Counsel PC

Why Did the Most Favorable Venues for Prop 65 Plaintiffs Rule for the Defense in EHA v. Sream?

Environmental Health Advocates v. Sream, Inc., (2022) 83 Cal.App.5th 721 (Sream), and three other California appellate cases were subjects of a panel discussion on September 18, 2023 at the annual Proposition 65 Conference...more

Keller and Heckman LLP

August 2023 Bounty Hunter Plaintiff Claims

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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

Keller and Heckman LLP

July 2023 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

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

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

Keller and Heckman LLP

June 2023 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

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

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

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

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California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more

Environmental General Counsel PC

ESG Checklist -- A Prop 65 Compliance Program?

In California, the Proposition (“Prop”) 65 landscape continues to evolve – notices of violations (“NOVs”) issued for products that do not contain or emanate a Prop 65 chemical, novel constitutional theories raised by defense...more

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