Tag Archives: Proposition 65

California challenging recent district court decision to limit Proposition 65 warnings on First Amendment ‘compelled speech’ grounds

We recently reported on a potentially seminal California court decision that struck down Proposition 65 warning requirements for a consumer product on grounds of “compelled speech.”   As anticipated, the State is appealing the decision to the U.S. Court of Appeals for the Ninth Circuit, according to a notice filed Wednesday, September 9th. The State Office of Environmental … Continue Reading

Proposition 65 – Potential warning requirement exemption for exposures to listed chemicals in cooked or heat processed foods

California is inviting public comments on a proposed regulation that would exclude the need to place warnings on many cooked, baked or fried food items that may expose individuals to acrylamide, a chemical the State has deemed to be a carcinogen. California’s Safe Drinking Water and Toxic Enforcement Act (aka “Proposition 65”) prohibits businesses from knowingly … Continue Reading

Recent district court decision limits Proposition 65 warnings on First Amendment ‘compelled speech’ grounds

A U.S. District Court recently barred enforcement of California’s Proposition 65 warning requirement on the First Amendment ground of “compelled speech.” Proposition 65 requires businesses to provide warnings to consumers before exposing them to over 900 chemicals linked to cancer or reproductive toxicity. Although the State of California will almost certainly appeal the decision, National … Continue Reading

Last call for alcohol… comments. Proposed amendments to clarify the requirements for providing alcoholic beverage Proposition 65 warnings

Following a recent settlement between the California Attorney General’s Office and a number of alcoholic beverage retailers, the Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the Proposition 65 warning requirements for alcoholic beverages sold on the internet, in catalogs, and via third-party providers. The most prominent item in the settlement’s methods … Continue Reading
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