The 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
Tag Archives: Proposition 65
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
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
Xylene Not Added to the Prop 65 List
Posted in Food Safety, Prop 65The OEHHA DART committee which identifies reproductive hazards for the Prop 65 list declined to list xylene as a reproductive or developmental toxicant. Xylene is used as a solvent in an number of products including paint, ink and leather products. The reason the committee did not list the chemical appears to be that the studies… Continue Reading
BPA Listing Challenged by American Chemistry Council under Prop 65
Posted in Food Safety, Prop 65The American Chemistry Council (ACC) has filed a law suit to prevent California’s Office of Environmental Health Hazard Assessment (OEHHA) from adding Bisphenol A (BPA) to its Proposition 65 list of chemicals known to cause reproductive toxicity. The trade group, alleges that the state’s current proposal to list BPA is contra to its own scientific… Continue Reading
Supplements are considered “Food” and Subject to the Naturally Occurring Defense Under Prop 65
Posted in Food Safety, Prop 65San Francisco Superior Court Judge John Munter ruled that dietary supplements are included in the definition of “foods”under Proposition 65, following a pre-trial motion the sole issue was whether dietary supplements are foods under California law. The consequence of this definition is that the supplement makers can avail themselves of the defense (under the proper circumstances) that the… 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
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