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Toxic Chemicals Retailers

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

Buchalter

A Summer Surge in Proposition 65 Notices of Violation- Bisphenol S (BPS) in Receipts, UPC Stickers and Thermal Labels - Are Your...

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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

Greenberg Glusker LLP

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

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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

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

Loeb & Loeb LLP

From Beauty Trend to Sweeping State Mandates: What Brands Need to Know about the Rise of "Toxic Free" Laws

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FDA Stalls, But States Push to Keep It Clean Congress and FDA lauded the Modernization of Cosmetics Regulation Act (MoCRA), enacted in 2022, as sweeping federal legislation to increase cosmetic safety and quality standards....more

Venable LLP

Virginia Enacts Baby Food Safety Law

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On May 2, Governor Youngkin signed the Baby Food Protection Act. The law is very similar to Maryland's Rudy's Law, which we wrote about last year. The Virginia law will become effective January 1, 2026 and will not apply to...more

Greenberg Glusker LLP

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

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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

BCLP

PFAS in Consumer Products: State-by-state Regulations - Updated March 2025

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Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by state laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more

Clark Hill PLC

Washington’s Toxic-Free Cosmetics Act: What You Need to Know

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1. The Toxic-Free Cosmetics Act (“TFCA”) restricts nine chemicals or chemical classes. The TFCA restricts nine chemicals or chemical classes from cosmetic products made, distributed, or sold in Washington....more

Benesch

Greener Pastures Ahead? California’s Fashion Environmental Accountability Act of 2025

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Fashion-related environmental legislation is, well, in fashion. And, as with many consumer-related issues, California continues to be a trendsetter....more

Morris, Manning & Martin, LLP

California Product Warnings Now Required For BPS

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

Baker Donelson

Changes to California Proposition 65 "Safe Harbor" Warnings to Impact Manufacturers and Internet Retailers

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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

Morgan Lewis

California Updates Proposition 65’s Short-Form Safe Harbor Warnings

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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

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Adopts Changes to “Short-Form” Warning Option

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

Alston & Bird

Addition of Bisphenol S (BPS) to Proposition 65 List Has Sweeping Implications for Industry

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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

DLA Piper

Washington State Department of Ecology Proposes Next Tranche of Safer Products Program Regulations to Reduce PFAS in Consumer...

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Introduction - On September 18, 2024, the Washington Department of Ecology (the Department) shared a preliminary draft rule (Draft Rule) that would impose comprehensive restrictions and reporting requirements on manufacturers...more

Venable LLP

Fashion Industry Beware - PFAS Bans on Apparel Effective January 1, 2025

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PFAS laws will significantly impact the fashion industry come 2025. New York and California have each passed legislation that will regulate the use—and eventual phaseout—of PFAS in apparel and other textiles....more

BakerHostetler

New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate

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Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more

BCLP

More Changes Under Consideration For Prop. 65 Short-Form Warnings

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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

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Proposes Additional Changes to “Short-Form” Warning Option

On June 14, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing additional changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for...more

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

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The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more

BCLP

PFAS In Consumer Products: State-by-state Regulations - July 2024

BCLP on

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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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

Fishman Haygood LLP

Concluding that Plaintiffs Had Pleaded Sufficient Facts to Hold Non-Manufacturing Retailer Liable, U.S. Fifth Circuit Reverses...

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A recent Congressional report identified the risk of toxic heavy metal contamination of various brands of commercial baby food. Palmquist v. Hain Celestial Group is one of the first of many cases pending nationwide seeking...more

Alston & Bird

California Modifies Proposed Amendments to Proposition 65’s Warning Requirements

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Our Environment, Land Use & Natural Resources Group explains the updates the California Office of Environmental Health Hazard Assessment plans to make to the proposed changes to California’s Proposition 65 safe harbor warning...more

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