Statute
Proposition 65
342 published works
Consumer products law blog
California to open rulemaking into Prop 65 lead levels
In response to a petition from the Center for Environmental, the California Office of Environmental Health Hazard Assessment will initiate a rulemaking to update the current 0.5 µg/day safe harbor level…
Consumer products law blog
California puts BPA back on Prop 65 list
Effective May 11, 2015, California's Office of Environmental Health Hazard Assessment has put bisphenol A, or BPA, back on the Proposition 65 list. This most recent listing is through the…
The Daily Intake
BPA Listed
California panel votes unanimously to add BPA to the Proposition 65 list as a reproductive toxicant. Proposition 65 is a “right to know” California statute that requires companies to provide warning…
Consumer products law blog
Appellate ruling signals potential sea change in Prop 65 enforcement for reproductive toxins
A recent decision from the California Court of Appeal, First Appellate District, in Environmental Law Foundation v. Beech-Nut Corporation applied the familiar substantial evidence standard to uphold a trial court…
The Daily Intake
Prop 65 Precedent
California appellate court ruling paves the way for using average exposure calculations to determine applicability of Proposition 65 "safe harbor." Proposition 65 is a “right to know” California statute that…
Consumer products law blog
The mysterious world of Prop 65, part 10: Settlements – the good, the bad, the ugly and the process
Virtually all Proposition 65 enforcement actions—whether brought by public prosecutors or private enforcers—resolve by a settlement agreement. In this post, we will discuss the features and mechanics of a settlement.…
Consumer products law blog
Proposition 65 Listed Chemical update
Here is the latest roundup of Proposition 65 chemical issues looming on the horizon for consumer products: Listed in 2014 (warnings required in 2015): N-Nitrosomethyl-n-alkylamines, Various CAS Nos., can be…
Consumer products law blog
The mysterious world of Prop 65, part 9: The naturally occurring exemption
A hot topic of late is the so-called Proposition 65 "naturally occurring" exemption. This is due largely to the addition of pulegone to the Prop 65 list in April 2014.…
Consumer products law blog
The mysterious world of Prop 65, part 8: Acceptable risk levels
Just because a chemical is listed on the Prop 65 list doesn’t mean it is illegal to have the chemical in a product without a warning. OEHHA has developed “safe…
Consumer products law blog
Update: OEHHA issues new proposed Prop 65 warning regulations
Updating our prior post, California’s Office of Environmental Health Hazard Assessment issued new proposed regulations on clear and reasonable warnings for Proposition 65. This proposed regulation follows March and September…