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Prop 65 cases spike post-pandemic with focus on heavy metals, settlement amounts rise

Since the pandemic, cases alleging food and beverage companies violated California’s Prop 65 by not adequately warning Californians that a product may expose them to chemicals that can cause cancer, birth defects or reproductive harm have increased dramatically – along with the amount it takes to settle them, according to analysis by the law firm Perkins Coie.
United States Arentfox Schiff Brian Sylvester Perkins Coie Tommy Tobin David Biderman

Consumer Reports releases updated report on high levels of heavy metals in chocolate, NCA reaffirms chocolate is "safe to eat"

Dark chocolate “can be contaminated with lead and cadmium, two heavy metals linked to serious health problems,” Consumer Reports warned this week, referencing its 2022 test of 23 chocolate brands; while the National Confectioner Association reaffirms its safety citing the Proposition 65 settlement.
United States Jamese Rogers California Office Of Environmental Health Hazard Assessment National Health Trader Joe National Confectioners Association

Consumer Reports releases updated report on high levels of heavy metals in chocolate, NCA reaffirms chocolate is "safe to eat"

Dark chocolate “can be contaminated with lead and cadmium, two heavy metals linked to serious health problems,” Consumer Reports warned this week, referencing its 2022 test of 23 chocolate brands; while the National Confectioner Association reaffirms its safety citing the Proposition 65 settlement.
United States Jamese Rogers Whole Foods California Office Of Environmental Health Hazard Assessment National Health Trader Joe

Proposition 65 Litigation Matters April 17 2023

California attorney general and others try to handle litigation over proposition 65 food label requirement. Seven states are drafting bills related to PFAS lawsuits. Biden administration proposes first national standard to protect communities from PFAS in drinking water.
United States Biden Harris Administration Proposes First Us Environmental Protection Agency National Standard To Protect Communities Environmental Protection Agency Weigh Future

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Prop 65 Cannabis Warnings Become Effective October 2022

California Office of Environmental Health Hazard Assessment proposed tailored Prop 65 safe harbor warnings for THC and marijuana smoke, after implicating them for reproductive harm cancer. After public backlash, OEHHA announced amendments to the warnings.
United States California Office Of Environmental Health Hazard Assessment California Office Environmental Health Hazard Assessment Final Statement Cannabis Cancer

Recent Prop 65 Developments

Environmental groups, residents join forces to shut down diesel generators at cannabis facility in Oakland. OEHHA to augment record to adopt California Code of Regulations Title 27, adopts No Significant Risk Level of 3.7 micrograms per day for 1,3-dichloropropene exposure.
United States Office Of Environmental Health Hazard Assessment Groups Line Up Behind Residents Shut Down Diesel Generators Oakland Cannabis Facility Using Proposition East Oakland

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