News & Analysis as of

Toxic Chemicals California

Farella Braun + Martel LLP

The Proposition 65 Compliance Deadline for Vinyl Acetate is Fast Approaching

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

Bergeson & Campbell, P.C.

Prop 65 “Short Form” Warning Requirements — A Conversation with Lisa R. Burchi

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

K&L Gates LLP

Microplastics Under the Microscope: Federal and California Proposals Target Microplastics

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On 17 July 2025, a bipartisan bill aimed at uncovering the potential human health implications of exposures to microplastics in the food and water supply was introduced into Congress. Introduced by Rep. Janelle Bynum (D-OR),...more

Greenberg Glusker LLP

Summer’s Heating Up: New Wave of Prop. 65 Notices Targets BPS in Thermal Paper

Greenberg Glusker LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Santa Ana, California Chemical Supplier Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Gallade Chemical, Inc. (“GCI”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations implementing...more

Beveridge & Diamond PC

California Proposes Listing Microplastics Under Safer Consumer Products Program

The California Department of Toxic Substances Control (DTSC) has taken a step toward regulating microplastics. On June 20, 2025, DTSC proposed to add microplastics to its Candidate Chemical List (CCL) under the state’s Safer...more

Gordon Rees Scully Mansukhani

Wave of Enforcement Actions Initiated under California’s Prop 65 Targets Thermal Receipts at California Stores

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

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern - June 2025

California microplastics case dismissed, MAHA Commission releases its report, federal PFAS priorities change, IARC classifies automotive gasoline, and more....more

MG+M The Law Firm

Tustin, California's New State-Funded Water Treatment System to Eliminate PFAS From Drinking Water

MG+M The Law Firm on

Facing federal government plans to weaken regulation of “forever chemicals” in drinking water, Tustin’s Governor, Gavin Newsom, announced the city received a new, state-funded water treatment system designed to remove per-...more

Allen Matkins

Pending State Housing Laws: Rebuilding After a Natural Disaster

Allen Matkins on

Various state housing bills are currently making their way through the California State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the...more

Farella Braun + Martel LLP

The approaching warning deadline for vinyl acetate

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

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

Kilpatrick on

We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

Environmental General Counsel PC

CalRecycle Releases New EPR Packaging Regulations: Imminent Compliance, New Exclusions, and Deferred Eco-Modulation Implementation

A lot is going on in the extended producer responsibility (“EPR”) packaging world this month.  Maryland and Washington became the sixth and seventh states respectively to enact EPR packaging laws.  And this week, just a...more

ArentFox Schiff

RFK Jr. Sets Sights on Currently Authorized Synthetic Food Dyes

ArentFox Schiff on

On April 22, at the direction of US Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., both the US Food and Drug Administration (FDA) and HHS published identical statements announcing the...more

Greenberg Glusker LLP

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on

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

Farella Braun + Martel LLP

District Court Issues Permanent Injunction Enjoining Enforcement of Prop 65 Warning Requirements for Dietary Acrylamide

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

Foley & Lardner LLP

Prop 65: Changes to Short-Form Warnings Will Cause Long-Term Impacts

Foley & Lardner LLP on

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

ArentFox Schiff

EPA Considering Rule That Could Eventually Preempt State Bans on PFAS

ArentFox Schiff on

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain...more

Farella Braun + Martel LLP

California Legislation Banning Wide Range of PFAS-Containing Products (SB 682) Moves Forward in Senate Committees

The California Senate’s Environmental Quality Committee recently passed, as amended, SB 682, and referred the bill to the Senate Committee on Health for a further hearing. If ultimately enacted as law, SB 682 would result in...more

Goldberg Segalla

California Bill Expands Definition of ‘Intentionally Added PFAS’

Goldberg Segalla on

Our blog has reported previously on California PFAS regulations, including its watershed laws with novel definitions of PFAS and the noted problems with the total organic fluorine testing method. (Prior CA blog posts on...more

Greenberg Glusker LLP

Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs

Greenberg Glusker LLP on

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

ArentFox Schiff

California Advances Bill to Ban Most PFAS Uses

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The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have...more

ArentFox Schiff

Prop 65 Roundup - March 2025

ArentFox Schiff on

Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more

Allen Matkins

California Environmental Law & Policy Update 3.28.25

Allen Matkins on

The Trump administration is offering coal-fired power plants and other industrial facilities an opportunity to obtain exemptions from Clean Air Act (CAA) requirements designed to reduce emissions of chemicals such as mercury,...more

K&L Gates LLP

Litigation Minute: Emerging Contaminants: What's on the Horizon?

K&L Gates LLP on

What You Need to Know in a Minute or Less - Emerging contaminants are synthetic or natural chemicals that have not been fully assessed from a health or risk perspective and are reportedly finding their way into consumer...more

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