News & Analysis as of

Proposition 65 State and Local Government Toxic Chemicals

K&L Gates LLP

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

K&L Gates LLP on

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past...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

McDermott Will & Emery

Second Prop 65 Amendment Effective April 1, 2021: New Warnings Required

McDermott Will & Emery on

The Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), was enacted as a ballot initiative and requires businesses to inform Californians about exposures to chemicals that are known...more

Perkins Coie

California Regulators Propose Tailored Proposition 65 Warnings for Cannabis Products

Perkins Coie on

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis...more

Husch Blackwell LLP

California Laws Regarding Health And Safety Warnings For Cannabis Have Changed: Are You In Compliance?

Husch Blackwell LLP on

A new California Proposition 65 mandate took effect on January 3, requiring health warning labels for all cannabis products sold in the state. Failure to comply with the requirements can and will result in enforcement...more

Perkins Coie

California Regulators Seek to Limit Use of Short-Form Proposition 65 Warnings

Perkins Coie on

On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings. Proposition...more

Fox Rothschild LLP

Some Cannabis Products Sold In California May Require Updated Or New Proposition 65 Warnings

Fox Rothschild LLP on

Key Takeaways: •On January 3, 2021, California’s cannabis (marijuana) smoke and delta-9 THC Proposition 65 reproductive toxicant listings take effect. •Cannabis products currently sold without warnings may need warnings....more

Perkins Coie

An Introduction to California's Proposition 65: What is Proposition 65?

Perkins Coie on

Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...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

Polsinelli

Wait a New York Minute – Is California’s Prop 65 Chemical Warning Statute Making its Way out East?

Polsinelli on

Earlier this year, New York Governor Andrew Cuomo announced a proposal to add stringent labeling requirements for certain products sold in New York through the “Consumer Right to Know Act” (the “Proposed Act”). ...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

Alston & Bird

New Product Labels Required in California after August 30, 2018

Alston & Bird on

The deadline of August 30, 2018 is fast approaching for all products sold in California, as well as their catalogues, phone and on-online sales sites, to provide the revised warning and label requirements if required under...more

Seyfarth Shaw LLP

Proposition 65: Sign Of The Times—For Employers, What’s New Is Old

Seyfarth Shaw LLP on

Seyfarth Synopsis: As of August 30, 2018, California businesses must provide the public with more information about dangerous chemicals present at the business location. ...more

Polsinelli

Are Your Food Products in Compliance With the New Prop 65 Requirements?

Polsinelli on

New revisions to the warnings provisions required by California’s Prop 65 regulations will take effect August 30, 2018. If applicable, the revisions will change the way companies assess and label the food products they...more

Lewitt Hackman

Environmental Law: How Clean Is That Cleaning Product?

Lewitt Hackman on

As if California’s Safe Drinking Water and Toxic Enforcement Act (“Prop 65”) doesn’t impose enough regulations on employers, landlords, retailers, manufacturers and distributors – we now must also contend with the Cleaning...more

Lewitt Hackman

Killer Coffee? California May Exempt Coffee Industry from Prop 65 Warning Requirements

Lewitt Hackman on

We told you about the lawsuit brought against nearly 100 food industry companies regarding the lack of Prop 65 warnings in restaurants and stores selling coffee. The problem is the potential presence of acrylamide when coffee...more

Troutman Pepper Locke

States Regulating PFAS in Food Packaging: What You Need to Know Now

Troutman Pepper Locke on

Last month, Washington state enacted a new law, making it the first in the country to ban the use of perfluoroalkyl and polyfluoroalkyl substances, or "PFAS,” in food packaging....more

Lathrop GPM

Coffee and Cancer Warnings in California

Lathrop GPM on

Thirty-two years ago, a major California newspaper urged Californians to vote “no” on a ballot initiative commonly referred to as “Prop 65,” which would require certain businesses to include warning labels on products that...more

Hogan Lovells

California Judge Rules Against the Coffee Industry in Notable Acrylamide Proposition 65 Case

Hogan Lovells on

Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...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

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