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
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
California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...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
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
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
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
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
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
California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more
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
Proposition 65: Quarterly Highlights (October 2023) - Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes Notices filed in the third quarter of 2023. Citizen plaintiff groups filed one...more
Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more
The American Conference Institute is hosting its first West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products in Santa Monica on September 28-29, 2023! This conference comes just in time to...more
Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more
Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years. As we previously...more
Last quarter, citizen plaintiff groups issued nine hundred twenty-seven (927) total Notices of Violation (“Notices”), which was over one hundred fifty (150) more than the second quarter of 2022. As reported in Downey Brand’s...more
In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and...more
The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals...more
In March 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued hovered just above two hundred (200) claims in total. Notably, new claims regarding alleged...more
In February 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued was approximately two hundred (200) in total. Food and nutritional supplement claims were...more
As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more
Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more
This year – 2022 – may finally be the year that the effort to modernize safety standards in the U.S. for cosmetics and other personal care products, which has been ongoing since 2013, comes to fruition. If so, the new...more
In October 2021, citizen plaintiff groups issued more than two hundred fifty (250) new Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged...more
In September 2021, citizen plaintiff groups issued two hundred fifty (250) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged “violators”...more