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Category Archives: Prop 65

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California’s Prop 65: More Form Over Substance

Posted in Food and Beverage, Litigation, Prop 65, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management, Uncategorized

California’s Safe Drinking Water & Toxic Enforcement Act of 1986 (affectionately known as “Proposition 65”) has long been the subject of discussion, both pro and con. Much of the conversation is on various issues surrounding the enforcement of Proposition 65 (for example, see a prior post here). In March 2017, a California trial court in  Monsanto Co…. Continue Reading

California Prop 65: More Unintended Consequences

Posted in Litigation, Prop 65, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations.  Much of the discussions regarding these new regulations have centered on the warning requirements that become effective, after an approximately two-year phase-in period, in August 2018. There were, however, amendments to Prop 65 settlement terms, penalty amounts and… Continue Reading

Mark Your Calendars: BPA Prop 65 Warnings Required as of May 11, 2016; Styrene Also Added to the Prop 65 List

Posted in Distributors, Food and Beverage, Prop 65, State Consumer Protection Laws, State Regulations

Earlier this month, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) issued a Notice of Emergency Action to allow temporary use of a standard point-of-sale warning message for bisphenol A (“BPA”) exposures from canned and bottled foods and beverages. This emergency rulemaking came only three weeks before California’s Safe Drinking Water and Toxic Enforcement Act… Continue Reading

When Transparency Is Not Enough: Class Action Litigation Under California’s Transparency in Supply Chains Act

Posted in Litigation, Product Class Actions, Prop 65, State Consumer Protection Laws, State Unfair Competition Laws, Supply Chain Risk Management

Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their suppliers comply with human rights standards. What started as a legislative effort to educate consumers and incentivize good corporate citizenship,… Continue Reading

California Appellate Court Takes on Proposition 65 Warning Triggers

Posted in Children's Products, Distributors, Food and Beverage, Litigation, Manufacturer Product Safety, Product Liability, Prop 65, Retailer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65, have been the work of the California Legislature.  (See A Sane Tweak To Proposition 65 and California Reenters the GMO Food Labeling Arena – This Time Through The Legislature).  This past week, however, the California Appellate Court for the… Continue Reading

A Sane Tweak to Proposition 65

Posted in Prop 65, State Consumer Protection Laws, State Product Safety Laws

This space has addressed on several occasions, [HERE, HERE, HERE, and HERE], recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. Many of the comments on proposed changes to Proposition 65 have panned the proposed changes because they either do too little or make businesses’… Continue Reading

Proposition 65 May Mean More Than Warning Signs and Lawsuits

Posted in Prop 65, State Product Safety Laws

As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law. Recently, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency for Proposition 65 implementation, has proposed new regulations to the Proposition 65 regiment.  The proposed changes to the… Continue Reading

Battle of the Experts Still Brewin’ in Starbucks Trial

Posted in CPSC Enforcement Actions, Distributors, Federal Regulations, Food and Beverage, Importer Safety, Private Labeler Product Safety, Prop 65, Retailer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations

In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California voters in 1986 as Proposition 65, by failing to warn consumers about carcinogens in their products as required under the act.  In July 2013, Los… Continue Reading

California Names First Consumer Products for Green Chemistry “Priority Products” List

Posted in Product Liability, Prop 65, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Recently, we have informed our readers of product safety legislative and regulatory initiatives, including green chemistry programs, driven at the state level.  One of these important state regulatory initiatives is California’s Green Chemistry Initiative.  California’s “Safer Consumer Products” regulations seek to reduce toxic chemicals in consumer products by establishing a process whereby manufacturers of certain… Continue Reading

Green Chemistry Initiatives: An American Patchwork?

Posted in Consumer Product Safety, Drugs & Cosmetics, Importer Safety, Manufacturer Product Safety, Prop 65, State Consumer Protection Laws, State Regulations

A growing number of states are passing Green Chemistry laws, e.g.; California, Connecticut, Maine, Minnesota, and Washington State.  These laws present a challenge to manufacturers who distribute and sell products into the 50 states. For instance, starting on November 22, 2013 manufacturers no longer need to report the presence of n-butanol in children’s products to… Continue Reading

Broad Prop 65 Reform Going Nowhere — Weaker Assembly Bill 227 Moving Forward

Posted in Prop 65

Two weeks ago, this space discussed the CA Prop 65 reform proposed by Governor Brown and its remote chances of success.  Not surprisingly, Governor Brown’s administration has thrown in the proverbial towel.  Spokespersons on both sides of the reform issue are making the politically correct statements: Civil Justice Association of California: “We were thrilled that… Continue Reading

California Prop 65 Reform?

Posted in Prop 65

California has a reputation for many things: 8th largest economy in the World; land of fruits and nuts and a state not being overly business friendly.  The 1986 voter-approved Safe Drinking Water & Toxic Enforcement Act aka Prop 65 is often held up as Exhibit 1 in support of that reputation. Prop 65 requires the… Continue Reading