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Prop 65 Developments – Notices of Violation for BPA in Receipts and Containers and OEHHA’s Listing of Styrene and Pesticides

Bryan Cave attorney Merrit Jones recently published two client alerts regarding California’s Prop 65 that impact the food and agriculture industries.

The first alert relates to the bisphenol-A (BPA) listing that took effect on May 11, 2016.  Already, two notices of violation have been served alleging harmful exposure to the chemical without providing a warning. One notice alleges BPA in receipt paper, and another alleges BPA in plastic water cooler jugs.  BPA is believed to be present in a wide variety of plastic consumer products, including many reusable food and drink containers, as well as in the epoxy lining in most canned food and beverage containers.  OEHHA has adopted an emergency regulation authorizing temporary point-of-sale warnings for exposure to BPA from canned and bottled food and beverages. That regulation is expected to remain in effect for more than a year in order to allow manufacturers time to implement alternatives

PROPOSITION 65 CLAIMS AND 4-MEI: PROVING THAT DEFERENCE TO THE FDA IS NECESSARY.

March 26, 2015

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Plaintiffs have made food labeling class actions a rapidly-growing field in recent years, particularly in the Northern District of California. They typically rely on California’s regimen of consumer fraud statutes when bringing those claims. California also has Proposition 65, which requires labeling of substances that a state agency concludes may cause cancer or birth defects. The threshold for labeling is quite low, meaning that even the most mundane items often include—or should include—warnings. Indeed, plaintiffs recently have used the “lack” of a Proposition 65 label on food products as a basis for consumer fraud and other claims even though the Food and Drug Administration finds no health risk from the relevant ingredient and already dictates labeling requirements regarding the ingredient. Such lawsuits are irreconcilable with the purpose of federal food labeling requirements.

Proposition 65 And Its Relationship To 4-MeI In Beverages.

In the past

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