Topic
Warnings
81 published works
Drug & Device Law
Seventh Circuit, Applying Illinois Law, Makes Useful Alternative Design and Causation Rulings
By Bexis
Johnson v. Ridge Tool Manufacturing Co., 186 F.4th 478 (7th Cir. 2026), is a product liability decision involving a drain cleaning machine, not a prescription medical product. But that doesn’t…
Marler Blog
I Am Asking FDA to Put a Warning Label on Raw Sprouts. Read the Draft Petition and Tell Me What I Got Wrong Before I File It.
By Bill Marler
In October I intend to file a citizen petition asking the Food and Drug Administration to require a warning statement on the label of raw and lightly cooked sprouts —…
Marler Blog
Two Sprout Outbreaks Are Open Right Now and Seventy-Seven People Are Sick. FDA Has Told High-Risk Consumers to Stay Away From Raw Sprouts Since 1998, and Not One Word of That Warning Appears on the Package.
By Bill Marler
Yes, it is past time for a warning label on sprouts. I first asked FDA for one in 2000. Twenty-six years later nobody has to invent it — the government…
Tobacco Law Blog
Changes to California’s Prop 65 Warnings: Four Things Nicotine Product Sellers Should Know
By Bryan Haynes, Michael Jordan
California recently finalized changes to its Proposition 65 (Prop 65) warning rules that included significant changes to short-form warning statements for product labels. These changes directly affect nicotine‑containing products —…
The Daily Intake
Texas Court Blocks Enforcement of Texas Warning Label Requirement
The U.S. District Court of the Western District of Texas issued a preliminary injunction last week blocking enforcement of Section 9 of Texas Senate Bill 25, which requires food manufacturers…
The Daily Intake
Texas Proposes Regulation Implementing Warning Label Requirement
The Texas Department of State Health Services (DSHS) has published its proposed rule (see p. 29, 50 TexReg 6301) implementing The “Make Texas Healthy Again” law (SB25) that was signed…
Real Estate, Land Use & Environmental Law Blog
Trial Court Strikes Down California’s Prop 65 Acrylamide Warning Requirements
By Michelle Garabetian, Whitney Jones Roy, Jeffrey Parker
A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the…
Real Estate, Land Use & Environmental Law Blog
Navigating the Legal Soup: A New “Short-Form” Recipe for Prop 65 Warnings on Food and Beverages
By Whitney Jones Roy, Jeffrey Parker, Jennifer Pennington
Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings could…
frESH
California Prop 65’s Short-form Warnings Will No Longer Be Short – Summary of Amendments to Short-form Warnings under California Proposition 65 – Effective January 1, 2025 with Three-Year Grace Period
After what has amounted to a multi-year rulemaking process, the California Office of Environmental Health Hazard Assessment (OEHHA) finalized amendments to the short-form warnings under Proposition 65 on December 6,…
The Daily Intake
U.S. Supreme Court Declines to Hear Acrylamide Case
On April 17, 2023, the U.S. Supreme Court declined to hear the Council for Education and Research on Toxics' (CERT) request to review a decision blocking new lawsuits under California's…