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
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
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 residents may see more Proposition 65 warnings at coffee shops in the near future. A state court is expected to issue a decision in the coming months regarding a 2010 60-day notice and 2012 court filing in which the Council for Education and Research on Toxics alleged 90 companies had failed to warn consumers … Continue Reading
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
As previously covered on this blog, BPA was added to the Prop 65 list as a reproductive toxicant in May 2015, with an effective date in May 2016. On April 18, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) implemented an emergency rulemaking that allowed the use of point-of-sale (POS) signage to indicate exposures … Continue Reading
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
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
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
California is considering adding aspartame to its Proposition 65 Listing. Proposition 65 is the California state law requiring labeling warnings on products containing substances “known by the state of California to cause cancer.” (subscription to Food Chemical News required) Aspartame is an artificial, low-calorie, non-saccharide sweetener used as a sugar substitute and flavor enhancer in … Continue Reading
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
California proposes to amend Prop 65 warning requirements for BPA in canned and bottled foods and beverages. In May 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) added bisphenol A (BPA) to the Prop 65 list as a reproductive toxicant. On April 18, 2016, OEHHA implemented an emergency regulation for BPA, providing a safe harbor warning strategy to … Continue Reading
Styrene added to Proposition 65 list. Proposition 65 is a “right to know” California statute that requires companies to provide warning statements where their products cause an “exposure” to carcinogens and/or reproductive toxicants. California’s Office of Environmental Health Hazard Assessment (OEHHA) maintains an up-to-date list of the chemicals (>900) that trigger warnings. The warning requirements do not … Continue Reading
California launches Prop 65 Warning Website. As previously covered on this blog, California has been in the process of revisiting its Prop 65 regulations, which may eventually include changes to the safe harbor warnings. As part of this process, a final regulation took effect on April 1, 2016, establishing a framework for a new website … Continue Reading
California adopts Prop 65 lead agency website regulation. The California Safe Drinking Water and Toxic Enforcement Act of 1986 – also known as “Proposition 65” or “Prop 65” – requires the Governor of California to publish a list of chemicals known to the State to cause cancer or reproductive toxicity. The list is updated by … Continue Reading
California panel votes unanimously to add BPA to the Proposition 65 list as a reproductive toxicant. Proposition 65 is a “right to know” California statute that requires companies to provide warning statements where their products cause an “exposure” to carcinogens and/or reproductive toxicants. California’s Office of Environmental Health Hazard Assessment (OEHHA) maintains an up-to-date list of the … Continue Reading
California appellate court ruling paves the way for using average exposure calculations to determine applicability of Proposition 65 “safe harbor.” Proposition 65 is a “right to know” California statute that requires companies to provide warning statements where their products cause an “exposure” to carcinogens and/or reproductive toxicants. California’s Office of Environmental Health Hazard Assessment (OEHHA) … Continue Reading
