California’s Proposition 65 is, among other things, a consumer product labeling law. Though there are exceptions to the rule, it is generally a safe bet that if a product contains one or more of approximately 900 chemicals known to the State of California to cause...
Prop 65
Small Business and Prop 65: Free Pass? Not So Fast
California’s Proposition 65 (Prop 65) has a major exception for small businesses: the law does not apply to businesses employing fewer than ten employees. Such small businesses, however, should be cautious as traps abound for the unwary in the realm of Prop 65. For...
Prop 65 Coffee Litigation May Be Drawing To Close
A new regulation taking effect today, October 1, 2019, may finally put an end to litigation as to whether California’s Proposition 65 warnings are required on coffee due to the presence of acrylamide. The new regulation states: “Exposures to chemicals in coffee,...
If You Know It When You See It, Do You Really Need A Warning?
A proposed bill out of the Utah Legislature this week marks an unexpected turn in the expansion of legislation mimicking California’s Proposition 65. Where Prop. 65 requires a “clear and reasonable” warning regarding exposures to toxic substances, Utah’s House Bill...
Proposition 65 Affects CA Property Owners and Landlords, Too!
Proposition 65 warning signs are nearing ubiquity on assorted products sold in California and at various premises in the state. Among the requirements of Prop. 65, certain landlords must provide warnings to their tenants. Over the past year, the agency responsible...
Amazon Ruling Impacts Prop 65 Issues
The 2020 Prop. 65 Clearinghouse conference marked another year of thought-provoking discussion on the current state of Proposition 65 regulations and litigation. Although the Act is nearly 35 years old, trends in enforcement litigation and defenses are continuously...
Monsanto Defeats Push For Prop 65 Warning On Weed Killer
California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65” or “Prop 65”) was passed with the intention of providing consumers with information regarding cancer-causing agents in products that would allow consumers to...
Coffee Causes Cancer Under Prop 65 Ruling? Not So Fast…
California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65” or “Prop 65”) was passed with the intention of providing consumers with information regarding cancer-causing agents in products that would allow consumers to...
Glysophate Will Remain On Prop 65 List, Despite Monsanto Challenge
California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65” or “Prop 65”) was passed with the intention of providing consumers with information regarding cancer-causing agents in products that would allow consumers to...
Prop 65 Arsenic Warning Not Needed For Wine, Court Says
California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65” or “Prop 65”) was passed with the intention of providing consumers with information regarding cancer-causing agents in products that would allow consumers to...