Prop. 65 Roundup - May 2023

Prop 65 Counsel: What To Know

Judges Seem To Doubt New Prop. 65 Glyphosate Label Passes Speech Test

Circuit court judges appeared doubtful during recent oral arguments that California regulators’ redone Proposition 65 cancer warning label for the herbicide glyphosate is compliant with the First Amendment, after a federal district judge held that an earlier version infringed on companies’ right to avoid compelled speech.

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Justices Won't Review Bar On New Calif. Prop 65 Suits


The US Supreme Court on Monday declined to hear a consumer nonprofit's request to review a decision blocking new lawsuits under California's Proposition 65, which requires cancer warning labels on foods containing acrylamide, despite some appeals court judges saying the decision narrowed the fundamental right to access the courts.

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OEHHA Notices

Announcement and Preliminary Agenda of the Carcinogen Identification Committee Meeting Scheduled for June 13, 2023

The Carcinogen Identification Committee (CIC) will meet virtually on June 13, 2023. This public meeting will be held from 10:00 am to 5:00 pm, or until all business is conducted. Presentations and discussions will address (a) the key characteristics of carcinogens and their use in cancer hazard identification and (b) analysis of tumor data from animal carcinogenicity studies. A list of background materials for the meeting is available below. No listing decisions will be made at this meeting.

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Chemicals Listed Effective April 21, 2023 as Known to the State of California to Cause Cancer: 1,1,1-Trichloroethane and Leucomalachite Green

Effective April 21, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) is adding 1,1,1-trichloroethane (CAS Registry Number 71-55-6) and leucomalachite green (CAS Registry Number 129-73-7) to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65. The listing of these chemicals is pursuant to the “Labor Code” listing mechanism2. The warning requirement for significant exposures to these chemicals will take effect on April 21, 2024.

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