Historically, the bulk of Prop 65 actions have come from plaintiff attorneys sending waves of people into retail stores in California to purchase and then test products for possible exposures to listed chemicals. This paradigm is shifting increasingly to a
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Prop 65 Court Win for Cereal Manufacturers Sets the Table for Further Challenges to Warning Requirements
In a remarkable and perhaps precedent-setting decision, a California appellate court sided with cereal manufacturers in ruling last week that Proposition 65 cancer warnings for acrylamide were preempted by federal policy encouraging the consumption of more whole grains. In overturning a lower court ruling finding no preemption, the three-judge panel of the state appeals court gave remarkable deference to Food and Drug Administration policy and guidance which, the court stated, “contained persuasive reasoning why Proposition 65 acrylamide warnings on whole grain cereals would mislead consumers and lead to health detriments.”
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WARNING: New Proposition 65 Amendments Go Into Effect August 30
We are seven weeks away from the California Proposition 65 amendments adopted in 2016 going into full effect, including substantial changes to the wording and format for providing warnings, new guidance on providing warnings for website purchases, and tailored warnings
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California Acts to Decaffeinate Cancer Warnings for Coffee
Responding quickly to a landmark court ruling requiring coffee sold in the state to bear a Proposition 65 warning label, California has initiated a proposed rulemaking to clarify that exposure to acrylamide and other chemicals “created by and inherent in
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Trouble Brewing for Prop 65?
For our first substantive KelleyGreenLaw blog post, the recent court decision requiring Proposition 65 warning labels to be served with cups of coffee was an obvious choice. The case raises fundamental questions of the nature of “risk” and how it