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Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning

Prop 65 Counsel: What To Know

Our Analysis

Proposed Prop 65 Regulation Would Require Cannabis Products to Warn About Impacts on Child Behavior and Learning

In this installment of Arent Fox’s Cannabis Counsel Cast, Partners Emily M. Leongini and Lynn R. Fiorentino discuss a recent proposal to require new Prop 65 warnings for cannabis products that expose consumers to THC and/or “marijuana smoke.” Our lawyers explain the proposed new warnings regarding reproductive toxicity risks and the importance of engaging in the rulemaking process.

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California Assembly Approves Bill to Ban Toxic ‘forever chemicals’ from Food Packaging

Environmental Working Group

The California Assembly passed Assembly Bill 1200 by a vote of 43-12. If enacted, the law would ban the toxic “forever chemicals” called PFAS from paper, paperboard or plant-based food packaging and serveware. The measure by Assemblymember Phil Ting (D-San Francisco) would also require manufacturers to label cookware that contains toxic chemicals, and to publish on their websites a list of those chemicals present in their pots and pans.

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Prop 65 Is Coming for PFAS—California Companies, Take Note

EHS Daily Advisor

Companies doing business in California that utilize per- and polyfluoroalkyl substances (PFAS) in their products or operations are advised to closely follow developments related to recent steps by the California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) to further regulate perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), and other PFAS under the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly referred to as Proposition 65 (Prop 65).

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OEHHA Notices

Notice of Public Hearing and Extension of Comment Period for Proposed Amendments to Article 6 Clear and Reasonable Warnings Cannabis (Marijuana) Smoke and Delta-9-THC Exposure Warnings New Sections 25607.38 – 25607.47

On March 19, 2021, the Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to Article 6, Clear and Reasonable warnings under Proposition 65, by adopting tailored safe harbor warnings for cannabis (marijuana) smoke and delta-9-tetrahydrocannabinol (delta-9-THC) exposures. The Notice of Proposed Rulemaking for the proposed amendments was published in the California Regulatory Notice Register on March 19, 2021 (Z-2021-0309-06) and initiated a 60-day public comment period.

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Interpretive Guideline No. 2021-01, Consumption of Sulfur Dioxide in Soy Sauce

The Office of Environmental Health Hazard Assessment (OEHHA) announces the release of Interpretive Guideline 2021-01. This Interpretive Guideline indicates that under Proposition 65 a warning for exposure to sulfur dioxide (SO2) from consumption of soy sauce is not warranted.  Exposure will be below the Maximum Allowable Dose Level for the reasonably anticipated rate of intake by the average user of the product. 

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Notice of Modification of Text Proposed Amendments to Article 5 Section 25505 Exposures to Listed Chemicals in Cooked or Heat Processed Foods

The Office of Environmental Health Hazard Assessment (OEHHA) is providing notice of changes made to the proposed regulations on exposures to Proposition 65 chemicals formed when food is cooked or heat processed, Title 27, California Code of Regulations, section 25505.  The Notice of Proposed Rulemaking was published on August 7, 2020. Written comments were received during the public comment period, which was extended from the original date of October 6 to October 21, 2020. After reviewing the comments received on this proposed regulation, OEHHA has modified the language.

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