Prop 65 Roundup - December 2023

Prop 65 Counsel: What To Know

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements

ArentFox Schiff Perspective

On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, introduced its third attempt to amend the “short form” warning provisions of this widely enforced consumer protection statute.

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Ninth Circuit Affirms that Businesses Have First Amendment Rights When It Comes to Proposition 65 Warnings

ArentFox Schiff Perspective

On November 7, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily used as an herbicide and crop desiccant, violates the First Amendment.

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California Can't Require a Warning Label on Weed Killer Roundup, Court Rules

San Francisco Chronicle

Supreme Court rulings allow the government to require a company to place a warning on product labels only if the message is “factual and non-controversial.” California cannot meet that test for Roundup, the world’s most widely used weed killer, because the US Environmental Protection Agency and a state health agency have both concluded that it is not carcinogenic, the 9th US Circuit Court of Appeals said in a 2-1 ruling.

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OEHHA Notices

Chemicals Listed Effective November 17, 2023 as Known to the State of California to Cause Cancer: Coal-Tar Pitch, Fluoro-Edenite Fibrous Amphibole, and Silicon Carbide Whiskers

Effective November 17, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) is adding coal-tar pitch, fluoro-edenite fibrous amphibole, and silicon carbide whiskers to the list of chemicals known to the State of California to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, sections 25249.5 et seq. of the Health and Safety Code, otherwise known as Proposition 65.

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