Statute
Proposition 65
342 published works
Kelley Green Law
Managing the Feeding Frenzy: OEHHA Proposes Limits on California Prop 65 Requirements for Acrylamide in Food
California's Office of Environmental Health Hazard Assessment (OEHHA) has proposed regulations to limit the rash of Proposition 65 actions alleging failure to provide a warning for exposure to acrylamide in…
EHS Law Insights
Proposition 65 – Potential warning requirement exemption for exposures to listed chemicals in cooked or heat processed foods
By Todd O. Maiden, Eric Schmoll
California is inviting public comments on a proposed regulation that would exclude the need to place warnings on many cooked, baked or fried food items that may expose individuals to…
EHS Law Insights
Recent district court decision limits Proposition 65 warnings on First Amendment ‘compelled speech’ grounds
By Todd O. Maiden, Eric Schmoll, Smita Patil
A U.S. District Court recently barred enforcement of California’s Proposition 65 warning requirement on the First Amendment ground of “compelled speech.” Proposition 65 requires businesses to provide warnings to consumers…
Drug & Device Law
Johnson v. Monsanto – Even a Hostile Court Can’t Entirely Deny Preemption
By Bexis
One of the cases we follow closely, with daily searches, is Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (U.S. 2019). It’s an implied preemption case, so…
Consumer products law blog
Federal court says Prop 65 warnings for glyphosate violate the First Amendment
On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65…
The Daily Intake
California Federal Judge Enters Permanent Injunction Barring Enforcement of Prop. 65 Cancer Warning for Glyphosate as Unconstitutional Compelled Speech
On June 22, 2020, U.S. District Judge William B. Shubb (Eastern District of California) granted summary judgment in favor of Plaintiffs Monsanto Company and a number of farming groups and associations;…
Consumer products law blog
Court tosses consumer class action based on alleged Prop 65 violation
As a California appellate court once stated, and many businesses find out to their dismay, Proposition 65’s enforcement procedures make “the instigation of Proposition 65 litigation easy—and almost absurdly easy…
Environmental Law & Policy Monitor
Proposition 65 Amendments Seek to Narrow “Actual Knowledge” and Expand Compliance Options
Revisions to the California Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65, go into effect on April 1, 2020. The amendments are intended to clarify methods…
frESH
California Prop 65 Amendments on Responsibility to Warn Are Effective On April 1, 2020
By Kendra Sherman, Danelle Gagliardi
In the last few weeks, product supply chains have been experiencing massive interruptions due to the COVID-19 pandemic. For some industries, these challenges have resulted in increased communication among manufacturers,…
EHS Law Insights
Last call for alcohol… comments. Proposed amendments to clarify the requirements for providing alcoholic beverage Proposition 65 warnings
By Todd O. Maiden, Eric Schmoll
Following a recent settlement between the California Attorney General’s Office and a number of alcoholic beverage retailers, the Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the…