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Almost a year after initially proposing revisions that would substantially curtail use of the popular “short form” warnings under Proposition 65 (see my prior blog post for more details), the California Office of Environmental Health Hazard Assessment (OEHHA) has…
Continue Reading California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings (Updated)

The U.S. Environmental Protection Agency’s (EPA’s) final National Recycling Strategy, released yesterday, includes prominent mention of “extended producer responsibility” (EPR) as a prime example of programs that advance the “circular economy” by increasing “materials recovery at the state and…
Continue Reading New EPA Nationwide Recycling Strategy Highlights “Extended Producer Responsibility” Programs in Advancing the “Circular Economy”

As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing…
Continue Reading EPA Proposes Extension Until 2024 for Compliance with Problematic PBT Rule

Signaling a notable advance in “extended producer responsibility” (EPR) policies, on July 13, Maine became the first U.S. state to require companies to pay fees related to the type and quantity of packaging for products sold in the state, in…
Continue Reading Maine Law Heralds Wave of “Extended Producer Responsibility” Mandates for Product Packaging

A coalition of environmental, food safety, and consumer health advocacy groups petitioned the U.S. Food and Drug Administration (FDA) yesterday to ban per- and poly-fluoroalkyl substances (PFAS) from food contact uses, and to “take aggressive action to protect consumers from…
Continue Reading FDA Considers Petition to Ban PFAS Food Uses, As Companies Move Toward Phase-Out

In the latest of a string of potentially ground-altering developments under California’s Proposition 65, a federal judge has temporarily enjoined plaintiffs from initiating new cases alleging failure to warn for foods and beverages that expose consumers to acrylamide, a Prop…
Continue Reading Court Injunction Hints at Prop 65 Relief for Acrylamide in Foods

One of the few areas of EPA policy continuity between the Biden and Trump eras is the aggressive enforcement attention being paid to products that claim to fight the SARS-CoV-2 coronavirus.

While EPA has long prioritized enforcement of the…
Continue Reading Biden EPA Continues Aggressive Enforcement Against Disinfectant Products and UV Devices Claiming to Kill Coronavirus

(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.” The Conference is always a unique…
Continue Reading The Prop 65 Annual Conference: Notes from the Front 2020

Join us next Wednesday, July 29 for a webinar covering the basics of germ killing and related product claims.
Register Here

COVID-19 has brought a proliferation of products claiming to kill or otherwise inhibit viruses, bacteria and other germs. These…
Continue Reading Upcoming Webinar: Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims

Amid the flurry of products making coronavirus-related claims, some without legal approval or scientific support, one class of products raises unique questions:  so-called “pesticide devices,” like ozone generators and ultraviolet (UV) lights, which are instruments that claim to control…
Continue Reading EPA Cautions Consumers About Ozone Generators, UV Lights, and Other Pesticide Devices Making Coronavirus Claims