Proposition 65

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The Proposition 65 Interim BPA warning regulation that allows companies to rely on a generic warning posted in California retail establishments will sunset on December 30, 2017. Food and beverage companies that have BPA containing packages in California and that have been relying on the interim BPA warning regulation for compliance should reassess their Proposition…

Effective September 30, 2017, California’s Office of Environmental Health Hazard Analysis (OEHHA) will require warnings for consumer products containing furfuryl alcohol under the Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65). Furfuryl alcohol is a food contaminant that can occur in a potentially significant number of thermally processed foods…

Food companies should be aware of a recent, new wave of Proposition 65 (Prop 65) challenges targeting acrylamide in food. In the past year, private litigants—particularly the Center for Environmental Health (CEH)—have filed numerous 60-day notices indicating their intent to sue food companies that allegedly fail to warn consumers of harmful levels of acrylamide…

Effective on August 30, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) will adopt new regulations regarding the manner in which clear and reasonable warnings should be given under the Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986). By way of brief background, Proposition 65 requires businesses to provide “clear and…

We previously reported that on March 25, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a revised proposed regulation to amend the requirements for “clear and reasonable warnings” under the Proposition 65. On May 18, 2016, OEHHA published a slightly revised version of the proposed regulation.  This most recent version includes additional changes…

We previously reported that beginning May 11, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) will start requiring warnings for consumer products containing BPA under the Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65).  On March 17, 2016, OEHHA published two notices related to the BPA warning requirements.…