News & Analysis as of

Public Health Proposition 65 Toxic Chemicals

Nelson Mullins Riley & Scarborough LLP

IARC to Evaluate Key Plasticizers for Carcinogenic Risk in June 2026

The International Agency for Research on Cancer (IARC) has recently announced that it will be evaluating three plasticizers between June 9-16 of 2026. The additives to be evaluated include butyl benzyl phthalate (BBP),...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

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

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

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

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

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

Jenner & Block

New PFAS Additions to the Proposition 65 List Friday

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Over the past week, several new per- and polyfluoroalkyl substances (PFAS) have been added to California’s Proposition 65 list. In March 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) selected...more

Downey Brand LLP

OEHHA Issues Highly Anticipated Draft Public Health Goals for PFOA and PFOS in Drinking Water

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Last week, the Office of Environmental Health Hazard Assessment (OEHHA) released draft public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. OEHHA’s...more

Womble Bond Dickinson

Coffee Purveyors Win Long Brewing Prop 65 Fight

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Does your morning coffee need a warning label other than “Caution: Contents Hot”? A California judge doesn’t think so. In August, a California judge ended a decade long lawsuit alleging that dozens of coffee roasters and...more

Perkins Coie

California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

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On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. The lawsuit seeks to...more

ArentFox Schiff

Should Food Products With Acrylamide Be Exempted From Proposition 65?

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On October 7, 2019, the California Chamber of Commerce filed suit against the State of California requesting that a federal district court enjoin the State and private enforcers from requiring Proposition 65 warnings on foods...more

BCLP

California Chamber of Commerce Challenges Prop. 65 Warning for Acrylamide in Food and Beverage Products

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The California Chamber of Commerce has filed a lawsuit seeking to prevent the state from “enforcing a requirement to provide a false, misleading, and highly controversial cancer warning for food and beverage [] products that...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

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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

Downey Brand LLP

Will the Wave of PFAS Litigation Sweep Through California?

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In the last year, litigation involving per- and polyfluoroalkyl substances (PFAS) has spiked across the nation. To date this litigation has been centered in eastern and mid-western states and the wave of litigation has yet to...more

Downey Brand LLP

Agencies Finally Begin to Address Dangers of PFAS

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Federal and state agencies are responding to public pressure to study and regulate per- and polyfluoroalkyl substances (PFAS) in drinking water supplies, and potentially in groundwater. The U.S. Environmental Protection...more

Polsinelli

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

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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

Buchalter

Have a holly, jolly and Prop. 65 compliant Christmas!

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For those of you who are getting ready for the holidays, be aware that the Prop. 65 website is now warning consumers about potential exposures to chemicals in holiday lights. In particular, OEHHA advises that some holiday...more

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