Statute
Proposition 65
342 published works
Real Estate, Land Use & Environmental Law Blog
California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide In Foods Turns Up the Heat In Ongoing First Amendment Challenge to Proposition 65
By Taryn McPherson, Whitney Jones Roy, Jeffrey Parker
California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California Chamber of…
Constitutional Law Prof Blog
You Might Find This Interesting: The Dueling First Amendment Claims in the Ninth Circuit’s Cancer-Warning Case
Steven D. Schwinn, University of Illinois Chicago School of LawA Ninth Circuit case over California's cancer-warning requirement raises interesting competing First Amendment claims. In particular, the case tests free-speech rights…
Cannabis Legal Highlights
California State Appeals Court Affirms Bong Maker’s Win in Prop. 65 Suit
By Jasmine Wetherell, Tommy Tobin, Elizabeth Gustafson, Hanna Barker Mullin
A California state appeals court affirmed a bong maker’s win in a suit alleging it violated California’s Proposition 65 (Prop. 65) by failing to warn consumers that its products expose…
The Daily Intake
Chocolate Report Released Regarding Lead and Cadmium
As You Sow and the National Confectioners Association released a report on August 18, 2022 that determines the predominant sources of lead and cadmium in chocolate products and how best…
frESH
Prop 65 Regulatory Update for the Cannabis Industry: Tailored Warnings Become Effective October 1, 2022 with a 1-Year Grace Period for Compliance
As we noted in a prior post, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed tailored Prop 65 safe harbor warnings for THC and marijuana smoke, following listing…
Cannabis Legal Highlights
Cannabis Cos. Should Brace For More Prop 65 Scrutiny, Suits
By Jasmine Wetherell, Kelly Sokolowski
As the cannabis industry and its associated sectors have gained increasing social and legal acceptance, these businesses have started to face an issue that has been plaguing traditional consumer packaged…
Defense Litigation Insider
California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions
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…
Environment, Land & Resources
Proposed Amendments to Rules on Prop. 65 Short-Form Product Warnings Fail to Progress
The proposal had contemplated clarifications to when short-form warnings should be used and had aimed to introduce new requirements for information about harmful chemicals. By Michael Romey, Christopher Martinez, and…
Retail Trend Spotter
PFAS Regulations Could Open Floodgates to Prop 65 Enforcement – Assess & Manage Your Exposure Now
By Jeffrey Parker, Louise Dyble
The group of chemicals known as PFAS (per- and poly-fluoroalkyl substances) are high on the federal regulatory agenda for 2022, as implementation of EPA’s “PFAS Strategic Roadmap” proceeds. One potential…
Real Estate, Land Use & Environmental Law Blog
PFAS Regulations Could Open Floodgates to Prop 65 Enforcement – Assess & Manage Your Exposure Now
By Jeffrey Parker, Louise Dyble
The group of chemicals known as PFAS (per- and poly-fluoroalkyl substances) are high on the federal regulatory agenda for 2022, as implementation of EPA’s “PFAS Strategic Roadmap” proceeds. One potential…