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Covering Proposition 65 News and Events Since 1987




Avalanche of Medical Marijuana Notices May be Partially...

Avalanche of Medical Marijuana Notices May be Partially...

One of the strangest trends in Proposition 65 enforcement this year turns out to not be a trend at all, instead, it is the work of a single new citizen enforcer who served a total of 675 60-day notices of violation in early May, on medical marijuana dispensaries throughout the State of California.
Monday, July 10, 2017/Author: Jack Schatz/Number of views (226)/Comments (0)/ Article rating: No rating
OEHHA Lists Glyphosate as a Carcinogen

OEHHA Lists Glyphosate as a Carcinogen

California’s Office of Environmental Health Hazard Assessment (OEHHA) has listed Glyphosate, the active ingredient in Monsanto’s Roundup weed killer products as a chemical known to the State of California as known to cause cancer. 
Friday, June 30, 2017/Author: Jack Schatz/Number of views (208)/Comments (0)/ Article rating: No rating
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Proposition 65 Reform Bill Passes in the Assembly

Proposition 65 Reform Bill Passes in the Assembly

A California State Assemblyman’s bill to change rules governing Proposition 65 litigation has passed in the California State Assembly.
Monday, June 19, 2017/Author: Jack Schatz/Number of views (227)/Comments (0)/ Article rating: No rating
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OEHHA Proposes Amendments to Notice of Violation Regulations

OEHHA Proposes Amendments to Notice of Violation Regulations

The California Office of Environmental Health Hazard Assessment (OEHHA) is proposing regulatory amendments that will clarify the content required in 60-Day Notices of violation served on alleged violators of Proposition 65.
Thursday, May 25, 2017/Author: Jack Schatz/Number of views (185)/Comments (0)/ Article rating: No rating
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AG Determines Private Settlement is Void

AG Determines Private Settlement is Void

California Attorney General Xavier Becerra has taken action against two San Diego law firms that entered into a private settlement agreement prior to the completion of Proposition 65's 60-day notice period.  Deputy Attorney General Harrison Pollack strongly objected that the settlement did not include any type of injunctive relief to correct the alleged violations.
Friday, April 28, 2017/Author: Jack Schatz/Number of views (228)/Comments (0)/ Article rating: No rating
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Assemblyman Introduces New Prop 65 Reform Bill

Assemblyman Introduces New Prop 65 Reform Bill

Bill Would Disclose Factual Basis of Prop 65 Suits

A Los Angeles area Assembly member has introduced legislation that if passed may help to level the playing field for companies that receive Proposition 65 notices of violation.
Saturday, March 25, 2017/Author: Jack Schatz/Number of views (785)/Comments (0)/ Article rating: No rating
Monsanto Challenge to Glyphosate Listing Dismissed

Monsanto Challenge to Glyphosate Listing Dismissed

Fresno Superior Court Judge Kristi Kapetan has finalized her tentative ruling against Monsanto, which allows California’s Office of Environmental Hazard Assessment (OEHHA) to proceed with its proposed listing glyphosate, the active ingredient in the company’s Roundup brand of herbicides, as a chemical "known to the state of California to cause cancer" under Proposition 65.
Tuesday, March 21, 2017/Author: Jack Schatz/Number of views (1597)/Comments (0)/ Article rating: No rating
Ferriero Settles First BPA Enforcement Actions

Ferriero Settles First BPA Enforcement Actions

Anthony Ferreiro, a prolific Proposition 65 citizen enforcer is the first to settle an enforcement action that alleges exposure to Bisphenol A (BPA).
Saturday, March 18, 2017/Author: Jack Schatz/Number of views (954)/Comments (0)/ Article rating: No rating
Health Advocates Petition FDA to Ban Lead in Hair Dyes

Health Advocates Petition FDA to Ban Lead in Hair Dyes

Coalition of groups call for FDA to Revoke its Approval...

A coalition of public health advocates announced that the U.S. Food and Drug Administration will consider revoking its approval of lead acetate in hair dyes—a move that relates to an early Proposition 65 enforcement action brought against the makers of Grecian Formula. 
Monday, March 06, 2017/Author: Jack Schatz/Number of views (641)/Comments (0)/ Article rating: No rating
Fresno Judge Tentatively Rules to Dismiss Monsanto Lawsuit

Fresno Judge Tentatively Rules to Dismiss Monsanto Lawsuit

A Fresno Superior Court Judge has issued a tentative ruling to dismiss a lawsuit filed by agrochemical and biotech giant Monsanto’s January 2016 lawsuit to block the California Office of Environmental Health Hazard Assessment’s (OEHHA) proposed listing of Glyphosate (CAS No. 1071-83-6), the active ingredient in Monsanto’s Roundup pesticide products.
Wednesday, February 01, 2017/Author: Jack Schatz/Number of views (1786)/Comments (0)/ Article rating: No rating
OEHHA Files Motion to Dismiss Monsanto Lawsuit

OEHHA Files Motion to Dismiss Monsanto Lawsuit

California’s Office of Environmental Health Hazard Assessment (OEHHA) has filed a motion that would dismiss a declaratory relief action brought by Agrochemical and biotech giant Monsanto Corporation if granted. 

Friday, November 11, 2016/Author: Jack Schatz/Number of views (2266)/Comments (0)/ Article rating: No rating
Aloe Vera Awarded $561,000 in Trial Costs

Aloe Vera Awarded $561,000 in Trial Costs

Dietary supplement manufacturer Aloe Vera, Inc. has been awarded $561,155 by a San Francisco Superior Court Judge following its defense verdict in a Proposition 65 enforcement action. The case was brought in 2011 by the Environmental Research Center (ERC), a San Diego-based citizen enforcement group.

Wednesday, November 02, 2016/Author: Jack Schatz/Number of views (2182)/Comments (0)/ Article rating: No rating

California Attorney General Adopts Litigation Amendments...

California’s Office of the Attorney General (OAG) has adopted amendments to its regulations governing private litigation brought under Proposition 65. The new regulations will affect settlement terms, civil penalties, and attorney's fees in civil actions filed by Prop. 65 citizen enforcers.
Thursday, October 20, 2016/Author: Jack Schatz/Number of views (1220)/Comments (0)/ Article rating: No rating

Dietary Supplement Manufacturer Prevails in Prop. 65 Trial

Sometimes a simple and straightforward defense works best in litigation.  However, simplicity has been an underutilized tactic in the few Proposition 65 bench trials tried in recent years.  
Dietary supplement maker Aloe Vera of America Inc. opted to use two legal theories in its defense in a recent Prop. 65 trial held in San Francisco Superior Court.  The supplement maker based its main defense on the Proposition 65 Safe Harbor level for lead, and asserted a secondary affirmative defense that Proposition 65 is preempted by federal law.

Wednesday, August 24, 2016/Author: Jack Schatz/Number of views (3337)/Comments (0)/ Article rating: No rating
Anticipated Wave of BPA Notices is Only a Dribble So Far

Anticipated Wave of BPA Notices is Only a Dribble So Far

Dire predictions that a barrage of 60-day notices would flood the California Attorney General’s Office as soon as the Prop. 65 warning requirement for bisphenol-A (BPA) took effect on May 11, have not materialized.  Instead, only two notices of violation have been served since the enforcement deadline alleging failure to warn consumers about exposures to the chemical. 
Thursday, July 21, 2016/Author: Jack Schatz/Number of views (3338)/Comments (0)/ Article rating: No rating
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