2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
In June 2025, a Suffolk County, Massachusetts jury delivered an $8 million verdict in Janice Paluzzi v. Johnson & Johnson (21-2109). The jury allocated $5 million for past pain and suffering and $3 million for future pain and...more
On February 7, 2025, Judge Walker, sitting in the United States District Court for the Eastern District of Virginia, ruled that the Plaintiff (a subsidiary of a parent company engaged in nationwide talcum powder litigation)...more
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
What consumers can do to reduce environmental health threats all around us - It’s a paradox of modern life: We want more and more stuff, and we want to get all of it faster, cheaper, more conveniently. And yet, does our...more
Our Environment, Land Use & Natural Resources Group explains the Environmental Protection Agency’s proposed Toxic Substances Control Act rule that aims to address the risks the agency believes are posed by 1-bromopropane...more
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
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
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
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
Proposition 65: Quarterly Highlights (October 2023) - Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes Notices filed in the third quarter of 2023. Citizen plaintiff groups filed one...more
Our Environment, Land Use & Natural Resources Group explains proposed changes to California’s Proposition 65 safe harbor warning language....more
Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). How big of an...more
Per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals,” have been in use since the 1940s and have been added to a wide variety of products to make them resistant to heat, water, oil, and corrosion. PFAS...more
If passed, Minnesota’s HF 2310 will prohibit the intentional use of PFAS in 11 categories of consumer products starting in January 2025, and would then prohibit the intentional use of PFAS in all other products sold in the...more
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
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
On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their...more
In April, much to the relief of food and consumer products industries, Proposition 65 (“Prop. 65”) citizen plaintiff groups sent roughly half of the number of 60-Day Notices of Violation (“Notices”) that they sent in prior...more
On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) released a Notice of Intent (NOI) to list perfluorooctanoic acid (PFOA) as a carcinogen under Proposition 65 via the Authoritative...more
On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings. Proposition...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) is extending the public comment period for its proposal that lays out what constitutes a Proposition 65 exposure that would require warnings for listed...more
Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more
The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted amendments to California Code of Regulations, section 25600.2 – the section titled “Responsibility to Provide Consumer Product Exposure...more
New year, same notices! Prop. 65 filings have not slowed down, and predictably, the same chemicals are being targeted by noticing parties. In my survey of notices filed between December 15, 2019 and the present date, there...more