In the span of one week at the end of March 2021, the state of California issued three separate Prop 65 notices on PFAS that will add significant regulatory, compliance and litigation burdens on a wide array of business types. Important to note is that Prop 65...
On February 4, 2021, the U.S. House of Representative's Committee On Oversight and Reform (Subcommittee on Economic and Consumer Policy) issued a report entitled "Baby Foods Are Tainted With Dangerous Levels of Arsenic, Lead, Cadmium and Mercury", which sent ripples...
If your company is using the short-form warnings to comply with California’s Proposition 65 requirements, yet another major change is likely coming that will affect your Prop. 65 compliance plan. The proposed regulatory changes to the widely adopted use of short-form...
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...
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...
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...
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...
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,...
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...
Earlier this year, California’s Proposition 65 (California’s Safe Drinking Water and Toxic Enforcement Act of 1986) made national news because of litigation over whether your morning cup of coffee needed to come with a warning about cancer and reproductive...