The California Office of Environmental Health Hazard Assessment (OEHHA) yesterday released its explanation for withdrawing proposed “clarifications” to the Proposition 65 regulations governing internet sales.  Last January, OEHHA proposed what it considered to be modest clarifications to the safe harbor…
Continue Reading California OEHHA Explains Decision to Rescind Proposed “Clarifications” to Prop 65 Rules for Internet Sales; Finalizes Changes to Alcohol Sale Warnings

A popular option for satisfying Proposition 65 warning requirements, the so-called “short-form” warning, is likely to be significantly curtailed in light of a January 8th proposal from the California Office of Environmental Health Hazard Assessment (OEHHA).  Originally conceived as an…
Continue Reading California Proposes to Minimize Use of Prop 65 Short-Form Warning

While many of us are grateful to see 2020 come to a close, cannabidiol (CBD) product manufacturers will face a new challenge in 2021:  compliance with California’s Proposition 65.  As of January 3, the one-year grace period to come into…
Continue Reading CBD Product Alert: California Prop 65 Enforcement of New THC Listing to Commence January 3, 2021

For years, EPA has asserted broad authority to regulate products that are labeled or marketed with express or implied pesticidal (including antimicrobial) claims.  During the current pandemic, that authority has been exercised aggressively, particularly against products, many of which are…
Continue Reading Cleaning Product Enforcement Challenge Highlights Reach of EPA’s Antimicrobial Regulatory Authority

Citing difficulties experienced by numerous submitters using EPA’s online reporting portal, the agency has extended the TSCA Chemical Data Reporting (CDR) deadline for two months.

The CDR rule requires manufacturers (including importers) of chemical substances listed on the TSCA Chemical…
Continue Reading EPA Extends TSCA Chemical Data Reporting Deadline to January 29

As part of the agency’s ongoing response to the coronavirus pandemic, EPA has issued new interim guidance outlining the path for expedited approval of products that demonstrate the ability to provide durable residual antimicrobial activity of hard surfaces.  Specifically, the…
Continue Reading EPA Establishes New Expedited Approval Pathways for Long-Lasting Residual Antimicrobial Products

(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

Today, EPA announced that it has issued the first ever emergency use exemption for a “long-lasting” anti-viral coating.  The exemption was granted upon request by the state of Texas to permit use of the coating at American Airlines airport facilities…
Continue Reading EPA Approves First “Long-Lasting Anti-Viral” for Emergency Use to Fight Coronavirus

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed regulations to limit the rash of Proposition 65 actions alleging failure to provide a warning for exposure to acrylamide in food items as a result of cooking or heat processing. …
Continue Reading Managing the Feeding Frenzy: OEHHA Proposes Limits on California Prop 65 Requirements for Acrylamide in Food