Statute
Proposition 65
342 published works
Inside Class Actions
9th Circuit Upholds Preliminary Injunction Against Prop. 65 Acrylamide Lawsuits
In a major victory for manufacturers of food and beverage products fighting acrylamide litigation under California’s Proposition 65 statute, the Ninth Circuit on March 17 upheld a preliminary injunction barring…
Ad Law Access
Food + Personal Care Litigation and Regulatory Highlights – January 2022
By Kristi L. Wolff, Jaclyn M. Metzinger
Welcome to our 2022 inaugural issue of Food and Personal Care Litigation and Regulatory Highlights, where we explore trends and developments from around these industries. It’s fair to say that…
The Daily Intake
Prop 65 Settlement on Lead in Infant Formula
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65 (Prop 65), prohibits knowingly exposing any individual to a listed chemical…
Consumer products law blog
California moves forward with revisions to Prop 65 short-form warning regulation
By Jeff Margulies (US), Will Troutman (US), Lauren Shoor (US)
Eleven months after issuing its original proposal to significantly restrict the use of so-called “short-form” Prop 65 safe harbor warnings, the California Office of Environmental Health Hazard Assessment (OEHHA) published…
Environment, Land & Resources
California Proposes Amendments to Rules on Prop 65 Short-Form Product Warnings
The proposal, which aims to clarify when short-form warnings should be used, would also create new requirements for information about harmful chemicals. By Michael G. Romey, Lucas I. Quass, and…
Kelley Green Law
California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings (Updated)
Almost a year after initially proposing revisions that would substantially curtail use of the popular "short form" warnings under Proposition 65 (see my prior blog post for more details), the…
The Daily Intake
OEHHA Modifies Prop 65 Short-Form Warning Proposal
As previously reported, on January 8, 2021 California’s Office of Environmental Health Hazard Assessment (OEHHA) published a proposed rulemaking to limit the use of the short-form version of the Proposition…
California Employment Law Update
California Reclaims Top Spot in Annual “Judicial Hellhole” Awards!
By Tony Oncidi, Morgan Peterson
After temporarily falling to third place in 2020, California once again claims the top spot on the American Tort Reform Foundation’s (ATRF) annual list of “Judicial Hellholes.” While California has…
frESH
Prop 65 Regulatory Update for the Food & Cannabis Industry: OEHHA Proposes Specialized Warnings for Exposures to Acrylamide from Food & Exposures to Smoke from Cannabis/THC Products
By Kendra Sherman, Danelle Gagliardi
Food has become a bigger and bigger target for enforcement under Prop 65 over the last few years, and acrylamide in particular has been the subject of scrutiny by both…
Manufacturing Industry Advisor
California OEHHA Proposes New Safe Harbor Warnings for Acrylamide in Foods
By Nathan A. Beaver, Sarah A. Slack, Erik K. Swanholt, Nicholas R. Johnson
On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce…