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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

Prop 65

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Industry Group Challenges Prop. 65 DEA Warning in First Amendment Suit

Posted on March 9, 2026
  • On March 2, 2026, the Personal Care Products Council (PCPC) filed a lawsuit in federal court challenging California’s Proposition 65 cancer warning requirement for diethanolamine (DEA). Proposition 65 is a
… Continue Reading Industry Group Challenges Prop. 65 DEA Warning in First Amendment Suit

California Court Applies Proposition 65 Safe Harbor in Dismissal

Posted on January 10, 2024
  • Last month, a California Superior Court dismissed a case against Gulf Pacific Rice Company which alleged that one of their brown rice products contained elevated levels of lead and failed
… Continue Reading California Court Applies Proposition 65 Safe Harbor in Dismissal

U.S. Supreme Court Declines to Hear Acrylamide Case

Posted on April 20, 2023
  • 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
… Continue Reading U.S. Supreme Court Declines to Hear Acrylamide Case

Chocolate Report Released Regarding Lead and Cadmium

Posted on October 4, 2022
  • 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

…
Continue Reading Chocolate Report Released Regarding Lead and Cadmium

Prop 65 Short-Form Warning Rulemaking to Expire

Posted on June 9, 2022
  • As previously reported, in January 2021 California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed limits on the use of the Proposition 65 short-form version of the safe harbor

…
Continue Reading Prop 65 Short-Form Warning Rulemaking to Expire

Preliminary Injunction Upheld on New Prop 65 Acrylamide Warning Label Suits

Posted on March 21, 2022

 9th Circ. Blocks New Prop 65 Acrylamide Warning Label Suits (subscription to Law360 required)

  • As previously covered on this blog, on March 29, 2021, the U.S. District Court for

…
Continue Reading Preliminary Injunction Upheld on New Prop 65 Acrylamide Warning Label Suits

Prop 65 Settlement on Lead in Infant Formula

Posted on February 7, 2022
  • 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

…
Continue Reading Prop 65 Settlement on Lead in Infant Formula

OEHHA Modifies Prop 65 Short-Form Warning Proposal

Posted on December 16, 2021
  • 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

…
Continue Reading OEHHA Modifies Prop 65 Short-Form Warning Proposal

Court Blocks New Acrylamide Lawsuits Under Prop 65

Posted on April 1, 2021
  • On March 29, 2021, the U.S. District Court for the Eastern District of California granted the California Chamber of Commerce’s (CalChamber) preliminary injunction to temporarily bar the State

…
Continue Reading Court Blocks New Acrylamide Lawsuits Under Prop 65

OEHHA Proposes Amendment to Proposition 65 on Exposures to Listed Chemicals in Cooked or Heat Processed Foods

Posted on August 12, 2020
  • On August 4, 2020, the Office of Environmental Health Hazard Assessment (OEHHA) gave notice of their proposal to amend the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop

…
Continue Reading OEHHA Proposes Amendment to Proposition 65 on Exposures to Listed Chemicals in Cooked or Heat Processed Foods

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Recent Updates

  • USDA Grants More Waivers to Restrict SNAP Purchases
  • Class-Action Lawsuit Targets Absence of Artificial Preservatives Claims in Dog Food
  • TTB Releases Low and No Alcohol Beverage Guidance
  • Industry Group Challenges Prop. 65 DEA Warning in First Amendment Suit
  • Citizen Petition Calls for FDA to Disclose Company Names Associated with Foodborne Illness Outbreaks

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