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Holland & Knight LLP

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

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States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,...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

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

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

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

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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

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

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...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

Goldberg Segalla

California not just dreamin’ about expanding Prop. 65 product-notice requirements

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If a company makes, distributes, or sells consumer products—including food products—containing chemicals that might turn the leaves brown, proposed amendments to California’s Proposition 65 may saddle it with additional...more

Alston & Bird

New Changes to Proposition 65’s Warning Requirements Are on the Horizon

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Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more

BCLP

California Bans Use of Certain Food Additives

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The California Food Safety Act, a law that bans the sale of foods containing four specific chemical additives, has been signed into California law. The law takes effect on January 1, 2027....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

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