Statute
Proposition 65
342 published works
Real Estate, Land Use & Environmental Law Blog
Name That Chemical: California Adds New Requirement for Prop 65 Short-Form Warnings
By Taryn McPherson, Whitney Jones Roy, Jeffrey Parker
Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor”…
Real Estate, Land Use & Environmental Law Blog
Prop 65 Year-End Highlights: 2024’s Key Regulatory Changes, Legal Battles, and Enforcement Trends
By Whitney Jones Roy, Taryn McPherson, Jennifer Pennington, Jeffrey Parker
As businesses and legal professionals strive to keep pace with California's ever-changing regulatory environment, Proposition 65 (“Prop 65”) remains a key focal point. Known for its stringent requirements on chemical exposure…
Consumer products law blog
The first Prop 65 notice for BPS has been issued – what you need to know
By Jeff Margulies (US), Lauren Shoor (US)
In December 2023, Bisphenol S (BPS) was added to the Proposition 65 list as a reproductive toxicant (female reproductive endpoint). Companies had twelve months from the listing before the warning…
Product Perspective: Complex Tort & Product Law
California’s Proposition 65 Short-Form Warnings Now in Effect
By Audrey Allen, Aubree Winkler, Robert Rakers
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are required to provide…
Real Estate, Land Use & Environmental Law Blog
California Adds New Options to Growing Menu of Prop 65 Warning Labels for Foods Containing Acrylamide, Citing “Additional Guidance” from the Ninth Circuit
By Taryn McPherson, Whitney Jones Roy, Jeffrey Parker
California recently amended its Proposition 65 regulations[1] to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat cooking. By…
Product Perspective: Complex Tort & Product Law
Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective
By Hilda Akopyan, Dana Maugeri, Paloma Acosta
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over…
Real Estate, Land Use & Environmental Law Blog
Proposition 65: 2023 in Review
By Whitney Jones Roy, Taryn McPherson, Jennifer Pennington, Jeffrey Parker
2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of…
Food Litigation News
Weekly Notable Ruling Roundup
By David T. Biderman, Jasmine Wetherell, Tommy Tobin
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. National Association of Wheat Growers, et al. v.…
Inside Class Actions
Citing First Amendment Issues, Ninth Circuit Kills Prop 65 Glyphosate Warning Requirement
The Ninth Circuit recently issued a key Prop 65 decision that could have broader implications for businesses subjected to its regulatory regime. Enacted via a ballot initiative, Prop 65 requires…
Tobacco Law Blog
California Considers Modifying Prop 65 Warning Requirements (Again)
By Troutman Pepper Locke Tobacco Practice, Agustin Rodriguez, Nick Ramos
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,…