2022 Significant Developments in the Tobacco Industry and What to Expect in 2023 (Part One) - Regulatory Oversight Podcast
Proposition 65 – Changes That Will Impact the Cannabis Sector
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Cannabis Counsel Cast: Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning
Cannabis Counsel Cast: What Cannabis Companies Need to Know About California’s Prop. 65 (Even if They Aren’t in California)
As we have previously discussed, state and federal government authorities are turning their attention toward artificial coloring in foods. Most recently, Texas Governor Greg Abbott signed into law SB 25 targeting the sale of...more
Last week’s issuance of a request for information (RFI) in the Federal Register by the FDA and the US Department of Agriculture (USDA) marks the first step in the administration’s effort to address health concerns associated...more
Robert F. Kennedy Jr. promised big changes as Secretary of the Department of Health & Human Services, the sweeping agency that oversees FDA, NIH, CDC, and other divisions and agencies. Five months into his tenure, he has...more
As the Trump Administration considers what actions to take in response to its May 22, 2025 Make Our Children Healthy Again (MAHA) Assessment, state legislatures are taking action to regulate what they consider...more
Ultra processed foods are a daily part of life for many families — sold in brightly colored packages, advertised as convenient, and often presented as wholesome choices for children. But mounting evidence shows these products...more
Texas Gov. Greg Abbott on June 22, 2025, signed Senate Bill 25 (SB 25), a law that, among other provisions, requires the following consumer warning labeling on foods containing any of 44 ingredients: "WARNING: This product...more
In June 2025, Texas and Louisiana each enacted legislation mandating new label disclosures for foods containing a number of food and color additives, raising federal preemption and First Amendment questions. Both states have...more
A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the...more
The US District Court for the Eastern District of California on May 2, 2025 granted summary judgment in favor of the California Chamber of Commerce, holding that Proposition 65 warning requirements for acrylamide in food...more
On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more
In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more
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
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
California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...more
Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings...more
Perkins Coie is pleased to publish its Q3 Food and CPG Legal Trends Report. This report is a bite-size version of our annual year in review, providing timely insights on trends. In the third quarter of 2024, the Consumer...more
On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the “Act”). In a press release that positions the Act as having the same...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
Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more
Last quarter, citizen plaintiff groups issued nine hundred twenty-seven (927) total Notices of Violation (“Notices”), which was over one hundred fifty (150) more than the second quarter of 2022. As reported in Downey Brand’s...more
On November 1, 2022, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the California Office of Administrative Law (OAL) had approved its proposal to add an alternative, non-mandatory safe harbor...more
After 12 years of litigation, coffee manufacturers, distributors, and retailers are one step closer to closing the door on Proposition 65 warnings on coffee. Coffee generally does not require Proposition 65 warnings—this...more
In March 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued hovered just above two hundred (200) claims in total. Notably, new claims regarding alleged...more