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The Office of Environmental Health Hazard Assessment (OEHHA) listed Bisphenol S (BPS) on December 29, 2023 as a female reproductive toxin. That gives companies a 1-year grace period to establish the compliance of their products if they use BPS. However, OEHHA has not published a Safe Harbor Level (SHL) for this chemical and therefore, unless […]

Staying abreast of California Proposition 65 updates is critical in ensuring your company is aware of changes to the Prop 65 list and other regulatory changes that may impact your company. In this post, we will summarize some of the key elements that have come up over the first 7 months of 2023. Chemicals added

After more than a decade of treacherous, expensive, and frivolous Proposition 65 enforcement activities related to acrylamide in food that pounded the industry, OEHHA has finally adopted new regulations that might provide some protections. After a failed attempt in 2021, OEHHA refined the proposed text enough to appease the OAL. The regulation will come into

ne of the ways that chemicals end up on the California Proposition 65 list, called the “Labor Code” (LC) mechanism, is if the International Agency for Research on Cancer (IARC) conducts a carcinogenicity hazard review of a chemical and concludes that the evidence supports it being placed within one of the following groups: Group 1:

Over the last 10 years or so, the food and beverage industry has been pummeled by Prop 65 lawsuits due to the presence of acrylamide (a compound naturally formed when certain foods are baked, roasted, fried). In total, there have been nearly 1,400 NOV issued in relation to acrylamide, resulting in millions of dollars going

Further to our previous blog that discussed OEHHA’s proposed changes to how concentration levels are to be calculated between lots of products from different manufacturing sites and averaging calculations for reproductive toxins, OEHHA has published an update that it will not be proceeding with the proposed changes.   This will be a welcomed decision by

The method for calculating consumer exposure to Proposition 65-listed chemicals that are reproductive toxins is undergoing a proposed change in response to a landmark 2015 court case (Environmental Law Foundation [ELF] vs. Beech-Nut Nutrition Corp).  In this case the State of California affirmed a  lower court’s ruling that food companies may average exposures over time