In June of 2009, “marijuana smoke” was added to the Proposition 65 list of chemicals known to the state of California to cause cancer. OEHHA’s Carcinogen Identification Committee “determined that marijuana smoke was clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer.” As a result, all cannabis flower is subject to Proposition 65 cannabis warnings, because all flower contains/produces “marijuana smoke” and because there is no safe harbor level per OEHHA.

OEHHA announced that the 2022 meeting of the Carcinogen Identification Committee (“CIC”) will be held virtually on December 14, 2022. Among other issues, the CIC will consider listing Bisphenol A (“BPA”) on the Proposition 65 list as a chemical known to the State of California as causing cancer. (BPA has been listed as a chemical causing reproductive toxicity since April of 2013.) BPA was placed in the ‘high’ priority group for future listing consideration by the CIC at their November 2020 meeting.

Most of us enjoy a cup of coffee (or two) in the morning. In fact, we rely on it for the caffeine boost it provides. Other than the potential harmful effects of caffeine, we do not think that coffee can cause a major illness such as cancer or heart disease. But, unbeknownst to us, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether drinking coffee can cause cancer.

California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Acrylamide is a substance that forms through a natural chemical reaction in certain plant-based foods during high-temperature cooking, and can be found in foods like potato chips, bread, grilled vegetables, nuts, crackers, and olives. There is conflicting evidence regarding the risk it poses to humans. While studies exposing laboratory rats and mice to high levels of acrylamide have been shown to produce cancer, other studies have found no consistent evidence that dietary acrylamide increases the risk of cancer in humans.

The California Office of Environmental Health Hazard Assessment (OEHHA) has made clear that it intends to modify and/or limit the use of so-called “Short-Form” warnings required by Proposition 65.

Bleach, hand sanitizer, single use plastic bags all were necessary to human health and safety during the pandemic. Will they be blackballed again once there is a cure, or will we stick by our old tried and true friends?

Acrylamide is a chemical that results, inter alia, when foods are browned in cooking, such as when foods are baked, fried, or roasted. The State of California has determined that consuming acrylamide increases the risk of cancer. That finding has resulted in the Office of Environmental Health Hazard Assessment (OEHHA) requiring warnings, pursuant to Proposition 65, of that hazard (although the amounts that trigger the warnings are somewhat in flux).

Acrylamide is a chemical that results, inter alia, when foods are browned in cooking, such as when foods are baked, fried, or roasted. The State of California has determined that consuming acrylamide increases the risk of cancer. That finding has resulted in the Office of Environmental Health Hazard Assessment (OEHHA) requiring warnings, pursuant to Proposition 65, of that hazard (although the amounts that trigger the warnings are somewhat in flux).

As a result of the frequency of its occurrence in food products, acrylamide has become a favored target for the private law firms that bring cases against companies for failing to provide Proposition 65 mandated warnings. In 2020, there were some 453 Notices of Violation involving alleged acrylamide-related violations served, many of them naming multiple violators. In the first quarter of 2021 alone, there were 109 such Notices.

California’s Safe Drinking Water and Toxic Enforcement Act of 1986 makes it unlawful for a business with ten or more employees to expose a person in California to a chemical “known to the State of California to cause cancer” or “reproductive harm” without providing a clear and reasonable warning.