In our first Cannabis Counsel Cast episode, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of California’s Prop. 65 on manufacturers, distributors, and sellers of cannabis products, particularly in light of the January 4, 2021 enforcement date for new THC and marijuana smok
California’s Office of Environmental Health Hazard Assessment recently added Δ9-tetrahydrocannabinol (THC) and “cannabis (marijuana) smoke” to the list of chemicals known to the state of California to cause reproductive toxicity, with an effective date of January 3, 2020.
In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony Lupo and Arent Fox Partner Lynn R. Fiorentino discuss Prop 65, how companies can ensure they are in compliance with the California law, and the potential of the New York Consumer Right to Know Act.
On October 7, 2019, the California Chamber of Commerce filed suit against the State of California requesting that a federal district court enjoin the State and private enforcers from requiring Proposition 65 warnings on foods that contain acrylamide.
With the news media covering the link between marijuana vaping, deaths, and lung conditions, California’s push to add THC to the Proposition 65 harmful chemicals list could mean financial, legal, and reputational challenges for cannabis businesses.
Over the past 10 years, the number of private Proposition 65 actions against businesses have nearly quadrupled from 604 in 2009 to 2,364 in 2018. Additional Prop 65 regulations on “safe harbor” warnings and online retailers took effect last August.
In recent months, businesses that use disposable product packaging have seen an increase in Proposition 65 Notices of Violation for the commonly used chemical DEHP.
New York Governor Andrew Cuomo has proposed legislation that would require businesses to disclose the presence of potentially hazardous chemicals, including carcinogens, on the labels of products.
Long-anticipated changes to California’s Proposition 65 warning requirements took effect on August 30, 2018, through amendments and new rules issued by the California Office of Environmental Health Hazard Assessment.
Following on our previous alert, Proposition 65 amendments that take effect on August 30, 2018 impose new warning requirements on all participants in the product supply chain.
Last October, we alerted you that watchdog groups were filing notices of violation (NOVs) against cannabis dispensaries for alleged violations under Proposition 65.