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California Proposition 65

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The first Prop 65 notice for BPS has been issued – what you need to know

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By Jeff Margulies (US) & Lauren Shoor (US) on January 16, 2025

In December 2023, Bisphenol S (BPS) was added to the Proposition 65 list as a reproductive toxicant (female reproductive endpoint). Companies had twelve months from the listing before the warning requirement went into effect. Since the beginning of the year…

California again seeks overhaul of Proposition 65 short-form warning

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By Jeff Margulies (US), Will Troutman (US), Lauren Shoor (US) & Eva Yang (US) on December 19, 2023

California Office of Environmental Health Hazard Assessment’s (OEHHA) is once again attempting to change the Proposition 65 safe harbor warning regulations. OEHHA has twice before attempted to make changes to the short-form warnings. Each time, industry has pushed back, and…

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Prop 65 proposed short form warning regulation lapses

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By Jeff Margulies (US), Will Troutman (US), Lauren Shoor (US) & Eva Yang (US) on May 25, 2022

There has been yet another update in the series of the latest Proposition 65 proposed rulemaking regarding short-form warnings. On January 8, 2021, the California Office of Environmental Health Hazard Assessment’s (OEHHA) announced that it would amend the regulation relating…

California issues second set of revisions to Prop 65 short form warning regulation

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By Jeff Margulies (US), Will Troutman (US) & Eva Yang (US) on May 3, 2022

In the latest twist in California’s never-ending saga to amend the Proposition 65 “short-form” warning regulation, there’s now been a second proposed change. The California Office of Environmental Health Hazard Assessment (OEHHA) has been for some time attempting to…

Ninth Circuit upholds preliminary injunction barring Prop 65 acrylamide lawsuits

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By Jeff Margulies (US) on April 12, 2022

A year ago, we wrote about a preliminary injunction that barred new lawsuits seeking to enforce California Proposition 65 cancer warning requirements for acrylamide in food. That injunction was appealed, and on March 17, the Ninth Circuit Court of Appeals–which …

California moves forward with revisions to Prop 65 short-form warning regulation

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By Jeff Margulies (US), Will Troutman (US) & Lauren Shoor (US) on January 3, 2022

Eleven months after issuing its original proposal to significantly restrict the use of so-called “short-form” Prop 65 safe harbor warnings, the California Office of Environmental Health Hazard Assessment (OEHHA) published a revised proposed regulation on December 13, 2021.

The original…

California District Court grants preliminary injunction barring Prop 65 acrylamide lawsuits

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By Lauren Shoor (US) on March 31, 2021

Prop 65 claims for alleged exposure to acrylamide in food are all too common. In the first three months of 2021 alone there have been 109 acrylamide notices issued. Acrylamide is not a chemical that is intentionally added to food,…

California moves to restrict the use of short-form Prop 65 warnings

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By Jeff Margulies (US), Will Troutman (US) & Lauren Shoor (US) on January 11, 2021

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed rulemaking significantly limiting the use of the short-form warning as a safe harbor. The proposed regulation makes the following changes:

  • Limiting the

…

Coffee roasters and retailers defeat Proposition 65 lawsuit

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By Jeff Margulies (US) & Lauren Shoor (US) on August 26, 2020

We previously wrote about a regulation issued last year by the California Office of Environmental Health Hazard Assessment (OEHHA) exempting chemicals in coffee from Proposition 65’s warning requirement.  The question then was what effect the new regulation would have on…

Federal court says Prop 65 warnings for glyphosate violate the First Amendment

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By Jeff Margulies (US) on June 29, 2020

On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate, the active ingredient in the herbicide Roundup®.…

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