Tag Archives: PROPOSITION 65

California Proposes Amendments to Proposition 65 Regulation on the Responsibility to Provide Consumer Product Warnings

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In response to confusion regarding Section 25600.2 of the new Article 6 warning regulations, California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed amendments to clarify how a product manufacturer—and other parties that may receive the products before the retailer—can pass warning information (and the responsibility to warn) along the supply chain and ultimately … Continue Reading

Proposed Amendments to Proposition 65 regulations on Calculating Level of Exposure to Chemicals Causing Reproductive Toxicity; California Extends Comment Period

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California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed to amend Section 25821(a) and (c) of the Proposition 65 regulations, which dictate how to calculate exposure to reproductive toxicants for average consumers.  Currently, Section 25821 requires simply that exposure be determined by multiplying the “level in question” (i.e., the concentration of a chemical in … Continue Reading

FDA Issues Statement Regarding Labeling Coffee as a Carcinogen Consistent with California Proposition 65

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California Proposition 65 requires manufacturers to provide clear and reasonable warnings to consumers before exposing them to over 950 listed carcinogens, including acrylamide.  As reported in this blog yesterday, California’s regulations for reporting the presence of the carcinogens have changed.  Also as previously reported in this blog, producers of roasted coffee have been sued under … Continue Reading

New Proposition 65 Warning Regulations Take Effect Today

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As previously reported on this blog, in 2016 California passed new regulations redefining what makes a warning “clear and reasonable” under Proposition 65; those regulations become effective today.  Proposition 65 is a right-to-know law that requires manufacturers to provide a clear and reasonable warning to consumers before exposing them to over 950 listed carcinogens and … Continue Reading

California Court Rules Cereals Not Required to Bear Proposition 65 Warnings (Law360 Subscription Required)

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On Monday, July 16, a California appeals court reversed a decision that would have required food manufacturers to label cereal products with cancer warnings, as per Proposition 65. As we have previously written on this blog, Proposition 65 is a right-to-know law that requires businesses to provide warnings when they knowingly cause exposures to chemicals … Continue Reading

California Coffee May No Longer Require Cancer Warnings

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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
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