Litigation

Proposition 65 and related Litigation

PFOA and PFOS Enforcement under Proposition 65 to begin on November 10, 2018

Beginning on November 10, 2018, Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) will be subject to enforcement under California’s Prop 65. Because both chemical compounds possess a unique ability to repel oil and water, these chemicals have been used in a plethora of surface protection products such as carpet and clothing treatments; coatings for paper, …

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Controversy Abounds in Proposed Reproductive Toxicity Amendments

California’s Office of Environmental Health Hazard Assessment (OEHHA) recently proposed amendments to clarify Proposition 65 reproductive toxicity sampling requirements for food products has already stirred up considerable controversy about how the amendments would impact various food products if adopted by the agency. Proposition 65 prohibits businesses from releasing chemicals “known to the State of California to cause …

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Toxic Metal Cadmium Found In Jewelry Sold by Nordstrom Rack, Ross, and Other Retail Outlets

According to Independent analysis done for the Oakland-based Center for Environmental Health (CEH), the organization has found the toxic metal cadmium in many jewelry samples purchased at Papaya, Nordstrom Rack, Ross, and other national retailers. The analysis showed that some women’s shirts and dresses were sold with jewelry made of almost 100 percent cadmium.  Prolonged exposure …

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Appellate Court Stays Penalty Phase of Starbucks Trial

  A California appeals court has stayed the Penalties Phase of the Starbucks Coffee Trial that had been set to determine penalties in the Proposition 65 case against Starbucks and nearly 75 additional coffee roasters. The defense argued that the trial should be delayed pending the outcome of a regulatory action initiated by the State’s …

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California Agency Files Motion to Reassign LA Superior Court Judge

California’s Office of Environmental Health Hazard Assessment (OEHHA) has filed a motion seeking to re-assign the Los Angeles Superior Court Judge presiding over the Proposition 65 Coffee litigation. Elihu M. Berle, the Los Angeles County Superior Court judge who rendered the controversial ruling in March that required Coffee roasters to provide a Proposition 65 warnings with …

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BJ’s Wholesale Club Will not Sell Products into California

BJ’s Wholesale Club, the third-biggest U.S. warehouse club operator in terms of revenue and number of locations, has stopped selling to online customers in California. According to information gathered, the club was not sure if the products it sells meet the updated labeling requirements in Proposition 65, the state’s law on chemical exposure warning. The …

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Monsanto Rocked with $289 Million Jury Verdict in Roundup Case

Jurors in a high stakes San Francisco Superior Court case unanimously found that RoundUp herbicides manufactured and sold by the Corporation formerly known as Monsanto caused 46-year-old former school groundskeeper Dewayne Johnson to contract a terminal form of cancer known as non-Hodgkin’s lymphoma. Johnson testified that Monsanto should not have let him use the herbicide …

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  The Coffee roasting defendants in the Starbucks trial have filed a motion to stay the action following a proposal by California’s Office of Environmental Health Hazard Assessment (OEHHA)  that would essentially exempt coffee products from Proposition 65 warnings. Los Angeles  Superior Court Judge Elihu Berle recently issued an order in CERT v. Toxics v. Starbucks  setting a hearing date on the coffee roaster defendants’ request …

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First District Court of Appeals Opinion Suggests Jury Trials May Be Available Under Proposition 65

        The First District Court of Appeals recently issued an opinion that suggests that jury trials may be available in Prop. 65 enforcement actions, in a case unrelated to Proposition 65. In Nationwide Biweekly Admin., Inc. v. Superior Court of Alameda Cty., Case No. A150264 the Appellate Court disagreed with a prior appellate …

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Federal Court Denies Dismissal of Tainted Licorice Case

A California federal court judge has denied a motion to dismiss a $2 million lawsuit over a shipment of molasses allegedly tainted with lead, ruling the licorice maker had shown sufficient evidence that the supplier’s 45-day notice provision in its sales contract was unreasonable. American Licorice filed the lawsuit against Total Sweeteners last year after …

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