Tag Archives: PROPOSITION 65

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

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 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

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: All Eyes on Aspartame

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

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

Beep Beep, BPA

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

Prop 65: Spotlight on Styrene

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

Prop 65 Warning Website Launched

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

Prop 65 Site in Sight

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

BPA Listed

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

Prop 65 Precedent

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
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