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Category: Prop 65

California’s Supreme Court Opens Gates to Prop. 65 Lawsuits Against

Last month, the California Supreme Court created some e-commerce waves when it declined to review a Court of Appeals decision allowing California Proposition 65 (“Prop. 65”) lawsuits against retail giant The decision arguably allows customers to sue and similar e-commerce companies for failing to warn buyers that products...

Who is Subject to California's Proposition 65 Warning Requirements?

Environmental Law Partner, Sedina Banks, presented a webinar "California’s Proposition 65: Background, Compliance, and Strategy" to members of the Association of Corporate Counsel - Southern California and the International Society of Primerus Law Firms. In this video clip, she discusses who is subject to California’s Proposition 65 warning requirements.

Back to School for Administrators: New K-6 Ban List and Laws Regulating Art Supplies

As schools reopen and in-person learning resumes, school teachers and administrators should be aware of laws regulating the purchasing of art supplies in schools. A preview of some of these laws is as follows: The California Education Code (Cal. Education Code § 32064, et seq. ) prohibits the purchase...

The Ever-Shifting Landscape of Prop 65 Acrylamide Regulation

It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental Health Hazard Assessment (“OEHHA,” the agency tasked with enforcing Proposition 65’s warning requirements) appear to be...

Even Your Parking Structure Violates Prop 65

The Prop 65 “Clear and Reasonable Warnings” updates that became effective in August 2018 contain lots of traps for the unwary, including one that you might not have noticed: tailored Prop 65 warnings are required at each of the public entrances to your enclosed parking facilities. To avail your regulated...