Tag Archives: CALIFORNIA

California Bans New Soda Taxes until 2030

On June 28, 2018, California Governor Jerry Brown signed AB1838, which prohibits local government agencies from imposing new taxes on “groceries,” which are defined to exclude alcoholic beverages, cannabis products, cigarettes, tobacco products, and electronic cigarettes.  The bill is widely seen as a ban on taxes on sugary drinks in particular. The passage of AB1838 is resulting in the withdrawal of Ballot Measure 17-0051, which … Continue Reading

California Coffee May No Longer Require Cancer Warnings

On June 15, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed a new regulation clarifying that cancer warnings are not required for coffee under Proposition 65. Proposition 65 is a right-to-know law that requires businesses to provide warnings when they knowingly cause exposures to chemicals that the state has listed as causing cancer … Continue Reading

California Court Upholds Labor Code Listing Mechanism in Monsanto Glyphosate Case

A California Court of Appeals has rejected various arguments made by Monsanto Company, challenging the listing of glyphosate based on the Proposition 65 Labor Code listing mechanism, where carcinogens listed by the International Agency for Research on Cancer are automatically listed under Proposition 65. The court did not agree that the Labor Code listing of … Continue Reading

Aligning CA Prop 65 and FIFRA Pesticides Labeling Requirements

The California Office of Environmental Health Hazard Assessment (OEHHA) has proposed to amend the California Proposition 65 Clear and Reasonable Warnings requirements to provide an exception to the safe harbor provisions for listed chemicals in pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As we previously reported on this blog, OEHHA published … Continue Reading

Judge Sides with Proposition 65 Plaintiffs in Acrylamide in Coffee Case

In a recent proposed statement of decision, LA Superior Court Judge Elihu Berle dealt a blow to Starbucks and a number of other defendants in a case regarding Proposition 65 warnings for acrylamide in coffee, finding that the defense failed to support any of the three criteria necessary to support an alternative significant risk level … Continue Reading

California Considers Regulating Food Packaging under Green Chemistry Initiative

As part of its Green Chemistry Initiative and the Safer Consumer Products (SCP) implementing regulations, California’s Department of Toxic Substances Control (DTSC) has released its Draft Three Year Priority Product Work Plan (2018-2020).  The Plan indicates that it will “address exposures from harmful chemicals that migrate from consumer products into food.” DTSC identifies as “Candidate Chemicals” … Continue Reading

Court Grants Injunction in Proposition 65 Glyphosate Warning Case

A California court has granted an injunction enjoining various growers associations from providing Proposition 65 cancer warnings for crops grown with glyphosate.  In a motion for preliminary injunction, National Association of Wheat Growers et al. v. Zeise, the court held that a Proposition 65 warning conveying that glyphosate causes cancer would not be “factually accurate” … Continue Reading

Six Month Countdown to New Prop 65 Warning Requirements

New Proposition 65 warning requirements are becoming effective in just six months, on August 30, 2018.   As previously reported on this blog, new regulations regarding “clear and reasonable warnings” were issued on September 2, 2016 In guidance, the Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, has advised that consumer products “manufactured … Continue Reading

California Egg Law Challenged in U.S. Supreme Court

Missouri Attorney General Josh Hawley announced that 12 states have joined Missouri in a lawsuit challenging a California law requiring any eggs sold in the state to come from hens that have space to stretch out in their cages. The lawsuit was filed on December 4 to the U.S. Supreme Court. In 2008, Californians approved, … Continue Reading

San Francisco Ordinance Requires Grocery Chains to Disclose Antibiotic Use in Meat

For years, FDA, USDA, and various industry stakeholders have sought to tackle public health concerns associated with the use of medically important antibiotics to promote growth or feed efficiency in food-producing animals.  In the U.S., FDA is working with industry to gradually phase out the use of medically important antimicrobials in food animals for production … Continue Reading

CA Court Upholds Foie Gras Ban

Foie gras is a culinary delicacy made from the fattened liver of a duck or goose.  It can be produced through a process called gavage in which the birds are force-fed through tubes inserted into their esophagus.  Foie gras sales derived from this method were prohibited in California following the passage of a bill in … Continue Reading

Court Blocks San Francisco Law Requiring Warnings on Soft Drink Ads

As previously covered on this blog, the City of San Francisco passed legislation in June 2015 that required health warnings to be placed on advertising for sugar-sweetened beverages (i.e., nonalcoholic beverages with caloric sweeteners that contain more than 25 calories per 12 oz.).  Specifically, the warning would have read:  “WARNING: Drinking beverages with added sugar(s) contributes … Continue Reading

California Publishes Q&A on New Prop 65 Warning Requirements

The California Office of Environmental Health Hazard Assessment (OEHHA) just posted a new question and answer document on how the new Proposition 65 Clear and Reasonable Warning regulations apply to businesses. As we previously reported on this blog, California’s OEHHA announced on September 2, 2016, a final rule concerning “clear and reasonable warnings” required under … Continue Reading

Slack Fill Settlement

“Slack fill” cases are on the rise across the U.S.  Slack fill is the empty space between products and their packaging. Companies can be challenged for including “nonfunctional slack fill” in product packaging under both the Federal Food Drug and Cosmetic Act (“FDCA”) and state unfair business practice statutes (particularly in California).  At the federal … Continue Reading

Bill Requiring Soda Warning Labels Introduced in California Senate Again

California State Senator Bill Monning (D-Carmel) introduced a bill that would require health warning labels on sugary beverages sold in California. More specifically, SB 300, referred to as the Sugar-Sweetened Beverages Health Warning Act, would require the following warning on certain sealed beverage containers: STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes … Continue Reading

Menu Labeling Update

As previously covered on this blog, FDA has been in the process of implementing menu labeling provisions added to the Federal Food, Drug, and Cosmetic Act by the Affordable Care Act.  Under the new requirements, restaurants or similar retail food establishments (in chains of 20 or more locations doing business under the same name and selling substantially … Continue Reading

Furfuryl Alcohol Added to Prop 65

Furfuryl alcohol was recently added to California’s Proposition 65 list of carcinogens, effective September 30, 2016. Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. Effective September 30, 2016, … Continue Reading

Food Industry Generally Supports Extending POS Signage for Calif. Prop 65 BPA Warnings

The food and beverage industry generally supports extending the use of point-of-sale (POS) signage to indicate exposures from bisphenol A (BPA) present in cans, lids, and caps of packaged food and beverages at retail stores; however, the industry strongly opposes the requirement that companies submit information on whether BPA was intentionally used in the manufacture … Continue Reading

New Settlement Terms for California’s Prop 65 Become Effective Oct. 1

Amendments to California’s Proposition 65 settlement terms, penalty amounts, and attorney’s fees in civil actions filed by private persons become effective October 1, 2016. By way of background, Proposition 65—also known as the Safe Drinking Water and Toxic Enforcement Act of 1986—prohibits knowingly exposing any individual to a listed chemical without first providing a “clear … Continue Reading

Prop 65: CA Adopts New “Clear and Reasonable Warning” Requirements

California issues final rule adopting new “clear and reasonable warnings” required under Proposition 65.   By way of background, on November 27, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to revise warnings required under Proposition 65 (Prop 65) and accepted public comments through January 25, 2016.  Subsequently, on March 25, 2016, OEHHA … Continue Reading

Ractopamine Rancor

An upcoming Appeals Court decision may embolden consumer advocacy groups to bypass administrative remedies in favor of the courts. (subscription to Food Chemical News required) Consumer groups sued FDA in November 2014 for approving ractopamine-based feed additives used to promote faster growth and leaner meat in food producing animals such as cattle, pigs, and turkeys, … Continue Reading

Soda Speech Suit

Washington Legal Foundation files brief in support of First Amendment challenge to San Francisco soda warning. As previously covered on this blog, the City of San Francisco passed legislation that requires health warnings to be placed on advertising for sugar-sweetened beverages.  Industry and advertising trade associations filed a lawsuit challenging the legislation on First Amendment grounds.  … Continue Reading
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