News & Analysis as of

Proposition 65 Toxic Exposure Chemicals

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

Hahn Loeser & Parks LLP

California’s Proposition 65: Recent 60-Day Notices Target California Restaurants

Hahn Loeser & Parks LLP on

A recent uptick in Proposition 65 notices of violation have targeted California restaurants. These notices are issued from a particular private enforcer (or bounty hunter), but such trends often prompt others to follow suit....more

Troutman Pepper Locke

Ninth Circuit Provides Companies New Guidance and Much Needed Potential Relief in Prop 65 Litigation

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For decades, companies have faced lawsuits for violation of the California Safe Drinking Water and Toxic Enforcement Act, also known as “Prop 65.” Some of these actions are legitimate, while others often bear resemblance to a...more

Davis Wright Tremaine LLP

Don’t Touch That Dial

A reminder that new Prop 65 regulations become effective the end of this month and some key changes may directly affect online on-product warnings, internet sales, catalog sales and even on-TV sales. ...more

Kelley Drye & Warren LLP

California Proposition 65: Beware of Liability for Website Sales

Historically, the bulk of Prop 65 actions have come from plaintiff attorneys sending waves of people into retail stores in California to purchase and then test products for possible exposures to listed chemicals. This...more

Kelley Drye & Warren LLP

WARNING: New Proposition 65 Amendments Go Into Effect August 30

We are seven weeks away from the California Proposition 65 amendments adopted in 2016 going into full effect, including substantial changes to the wording and format for providing warnings, new guidance on providing warnings...more

Hogan Lovells

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

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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

Stinson LLP

Emerging Trends Newsletter - Q3

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We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Proposes Revisions to Its Proposed Proposition 65 Warning Regulations

On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) modified its November 27, 2015, proposed rule that would repeal and replace the Proposition 65 (Prop 65) Article 6 regulations...more

Morrison & Foerster LLP

Risky Business: OEHHA to Require Prop 65 Data Submissions

The California Office of Environmental Health Hazard Assessment (“OEHHA”) has adopted new regulations that require businesses that make or use chemicals listed under Proposition 65 to provide certain information about the...more

Stoel Rives LLP

California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

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The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the...more

Beveridge & Diamond PC

California Proposition 65 Warning Requirements for DINP Effective December 20, 2014

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On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect. ...more

Latham & Watkins LLP

Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

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Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

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