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Stinson LLP

WARNING: New Proposition 65 Amendments in Effect in 2025

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If your business manufactures, distributes or supplies consumer products sold in California, you are likely familiar with California Proposition 65, which requires warnings on products that may expose consumers to chemicals...more

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

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

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

Foley & Lardner LLP

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

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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

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

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

Kelley Drye & Warren LLP

The California Prop 65 Acrylamide Saga Continues

Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years...more

Kelley Drye & Warren LLP

California Still Seeking Proper Balance for Prop 65 Short Form Warnings

The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. ...more

Kelley Drye & Warren LLP

The Prop 65 Pandemic: No Covid Slow-Down for Enforcement

While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In...more

Kelley Drye & Warren LLP

The Prop 65 Annual Conference: Notes from the Front 2020

(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more

Perkins Coie

An Introduction to California's Proposition 65: What is Proposition 65?

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Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

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Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Clark Hill PLC

Proposition 65 and the Hospitality Industry

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Amendments to California’s Proposition 65 have imposed specific warning requirements on hospitality businesses. A failure to comply with these requirements can result in investigations by the Attorney General, or private law...more

Bergeson & Campbell, P.C.

California Lists Nickel (Soluble Compounds) on Prop 65 as Known to Cause Reproductive Toxicity

Effective October 26, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) added nickel (soluble compounds) to the list of chemicals known to the state to cause reproductive toxicity for purposes of...more

Buchalter

Environmental Health News: New Proposition 65 Rules Are Now In Effect

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Proposition 65 (often referred to as “Prop 65”) is an environmental health law enacted in California as the “Safe Drinking Water and Toxic Enforcement Act” in 1986. Despite this official title, the scope of Prop 65 regulates...more

Kelley Drye & Warren LLP

Could Federal Legislation Save Proposition 65?

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Recent events have raised questions about the viability and utility of California’s infamous Proposition 65. The past few months have seen courts reject the listing of glyphosate as a “known” carcinogen on First Amendment...more

Buchalter

The Impact the New Prop 65 Warning Regulations on Commercial Property Owners

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Introduction - The Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”)[i] is an expansive “right to know” law which requires businesses to provide warnings before exposing people to certain chemicals....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

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

Davis Wright Tremaine LLP

California Proposition 65 Amendments – An Unsavory Impact on Food and Beverage Industries?

Now is the time to update your Proposition 65 warnings in California. On August 30, 2018, new regulations go into effect changing the warnings required for the food and beverage industries. Amendments to California’s...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

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