David Gabor is a shareholder at Weintraub Tobin. He is a trial lawyer and represents production companies, infomercial companies, direct response companies and multi-level marketing organizations asto both operational and compliance matters. In particular, David is focused on advertising and compliance issues, including FTC counseling and litigation, class actions, and multi-agency governmental compliance involving the marketing… Continue Reading
Tag Archives: Prop 65
New Trends in Proposition 65 litigation – 2014
Posted in Prop 65The following is a recap of trends as to targets of recent California Proposition 65 litigation. As anyone who has been named in such a suit can attest, it is important to understand the legal landscape so that a potentially affected entity can be in position to be ahead of the next potential wave of… Continue Reading
Proposition 65 – Twenty-Seven Years Later And Still No Observable Effect
Posted in Agriculture Law, Food Safety, Prop 65, Water Law, Water QualityProfessor Michael L. Marlow of Cal Poly San Luis Obispo recently published a preview of his paper on cancer rates and Proposition 65 entitled, “Too Much (Questionable) Information?” See Wall Street Journal, page A13, January 21, 2014. Proposition 65 is the popular name for the California Safe Drinking Water and Toxic Enforcement Act of 1986,… Continue Reading
DTSC Issues Final Green Chemistry Regulations
Posted in Green Chemistry, Prop 65With little public notice the final version of the Green Chemistry regulations has been released. The final regulations show no substantive changes made to the regulations from the April version that has already been reviewed and commented upon. OAL has until August 29 to complete its review of the regulations which requires OAL to make a… Continue Reading
FDA Proposes Arsenic Action Level for Apple Juice
Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization Act, Prop 65, UncategorizedJuly 12, 2013 the FDA announced a proposed action level of 10 ppb (parts per billion) for arsenic in apple juice. The 10 ppb is the same as EPA arsenic in drinking water standards. “The FDA is committed to ensuring the safety of the American food supply and to doing what is necessary to protect public… Continue Reading
Brown Supports Changes to Prop 65
Posted in Agricultural Law, Prop 65Governor Brown announced yesterday proposed reforms to Proposition 65, a three decade old proposition approved by voters to protect Californians from harmful chemicals. It has, according to Brown , been abused by some unscrupulous lawyers driven by profit rather than public health. The law which prohibits the exposure to the public of certain chemicals “known to the State”… Continue Reading
Sulphur Dioxide MADL Raised to 10,0000 microgram/day
Posted in Agricultural Law, Prop 65The MADL (maximum allowable dose) for sulphur dioxide has been raised by OEHHA from 220 micrograms per day to 10,000 micrograms per day, based on a calculation error in the original document relied upon by the state. That error was discovered by the Grocery Manufacturers Association (“GMA”). Thus OEHHA concluded that a 1989 study… Continue Reading
California Prop 37 – Genetic Labeling for Food
Posted in Agriculture Law, Food SafetyThe battle over Prop 37 (Labeling Genetically Engineered Food) in California is escalating with television and print ads as well as strong editorials, questioning why certain ag interests do not want these labels to appear on foods. (for a Pro-37 editorial on who is opposing the Prop see the OpEdNews.com artcle At this juncture it appears… Continue Reading
Green Chemistry Regulations
Posted in Environmental and Land UseThe California Department of Toxic Substances Control (DTSC) in July 2012 released the eighth draft of California’s Safer Chemical Products Regulation in the last four years. The agency has targeted the end of the year as its goal for actual finalization. The last version of the regulations created a large industry backlash and the new… Continue Reading