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California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that it intends to list antimony (trivalent compounds) as a carcinogen under Proposition 65 pursuant to the “Labor Code” listing mechanism. The Labor Code listing is based on the International Agency for Research on Cancer (IARC) conclusion that antimony (trivalent compounds) is “probably carcinogenic to humans” (Group 2A).

Keller and Heckman Partner Rohit Sabnis and Scientist Holly Foley will be among the speakers at Prop. 65 Clearinghouse’s 2022 Prop. 65 Annual Conference, which will take place both virtually and in-person in San Francisco, California on September 19, 2022. Rohit will present a pre-conference class, titled, “Prop. 65 Freshmen Orientation: Key Legal Decisions that Shape Prop. 65.” Holly will serve on a panel for the presentation, “Analytical Testing of Your Product: What Companies Need to Know Before and After They Get a 60-Day Notice.”

California's Office of Environmental Health Hazard Assessment (OEHHA) published a notice of proposed rulemaking on August 26 that would establish a Proposition 65 No Significant Risk Level (NSRL) for antimony trioxide. OEHHA's proposal would set the NSRL for antimony trioxide at 0.13 micrograms per day.

California's Office of Environmental Health Hazard Assessment (OEHHA) issued a second notice of modification to the proposed amendments limiting the availability of short-form warnings under Proposition 65.

The U.S. Ninth Circuit Court of Appeals upheld a preliminary injunction to temporarily bar new lawsuits challenging Proposition 65 warnings for acrylamide in food and beverages. The preliminary injunction was issued on March 29, 2021 by the U.S. District Court for the Eastern District of California. It granted the California Chamber of Commerce’s (CalChamber) request to temporarily bar the state and any private litigants from enforcing Proposition 65 against businesses that do not warn consumers that acrylamide in food products is known to the State of California to cause cancer.

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has selected bisphenol S (BPS) for review by the Developmental and Reproductive Toxicant Identification Committee (DARTIC) for possible listing under Proposition 65.

Proposition 65 Warnings

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Keller and Heckman Partners George Misko, Mitzi Clark, and Kathryn C. Skaggs will be among the speakers at Food Contact Regulations USA 2022, to be held in Washington D.C., June 27-28, 2022. The titles of their presentations are:

On December 13, 2021, California's Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of modification to the proposed amendments limiting the availability of short-form warnings under Proposition 65.  The originally proposed amendments were issued on January 8, 2021, with the intention of limiting the options for providing a shortened version of the Proposition 65 warning on consumer and other products.

Proposed changes to California’s Proposition 65 short form warning and concerns about over-warning were among the topics discussed at the Proposition 65 Clearinghouse Annual Meeting, held virtually on September 27, 2021.