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
Starting on Jan. 3, 2026, warning requirements for vinyl acetate can be enforced under California’s Proposition 65, which is commonly referred to as “Prop 65.” The California agency charged with implementing Prop 65, the...more
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 Proposition 65 (formally the Safe Drinking Water and Toxic Enforcement Act of 1986) (“Prop. 65”) enforcement is hot—and this time, the spotlight is on Bisphenol S (BPS), a chemical often used in thermal receipt...more
In the three months since our previous post about major California businesses being targeted with a Proposition 65 (“Prop. 65”) Notice of Violation (“NOV”) for allegedly exposing California customers to Bisphenol S (BPS) in...more
In the first half of 2025, two private enforcers have targeted over 200 companies operating in the state for purported exposure to Bisphenol S (BPS) from retail store thermal receipts provided to customers in California. The...more
On January 3, 2025, vinyl acetate was added to the Prop 65 list as a carcinogen. Vinyl acetate is a synthetic chemical, and a colorless liquid with a sweet, fruity smell. In its Evidence on the Carcinogenicity of Vinyl...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 court action over the past six years. However, companies will no longer be...more
On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....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
California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more
Proposition 65 warnings are now required for products containing BPS sold in California. BPS is one of several organic compounds known as bisphenols, which are chemical substances used in the production of plastics....more
California's Proposition 65 regulations are changing January 1, 2025. Proposition 65, enacted in November 1986, requires companies to provide clear and reasonable warnings to California consumers regarding exposures to...more
California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure...more
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
The California Office of Environmental Health Hazard Assessment recently approved an amendment to the so-called “short-form” safe harbor warnings under the state’s Proposition 65 law. The changes will alter the regulations...more
On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more
On December 6, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice stating that the Office of Administrative Law (OAL) approved changes to the Proposition 65 (Prop 65) Article 6...more
After three years of various proposals, on December 6, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, finally announced new amendments to “short-form” warning...more
California’s proposed amendments to the Proposition 65 short-form warning requirements have been approved and are set to take effect on January 1, 2025. Businesses that use the current version of the short-form warning will...more
Our Environment, Land Use & Natural Resources Group discusses the California Office of Environmental Health Hazard Assessment’s addition of bisphenol S (BPS) to the Proposition 65 list of reproductive toxicants....more
Controversial Prop 65 Warning Labels About Toxic Chemicals are Effective, Study Says - For nearly 40 years, a controversial California law has required companies to place warning labels on their products alerting...more
California recently amended its Proposition 65 regulations to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat...more
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the...more
The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more