Proposition 65 Notices of the Month April 2020: Plaintiffs Target Various Food Products Including Vinegars, Baby Food Pouches, Teething Wafers,…

California Proposition 65: Trends and Highlights in April 2020

As COVID-19, shelter-in-place orders and California Court closures continued into April, new Proposition 65 (Prop. 65) claims were plentiful and creative, particularly as to food products. 60-day Notices of Violation (Notices) in April alleged that lead, acrylamide and carbaryl in foods including dried seaweed and seafood, balsamic vinegar and other vinegar products, baby food pouches and teething wafers require Prop. 65 warnings. Familiar claims regarding lead and plasticizers in consumer products also were numerous, as were claims that dietary supplements contained lead and therefore require Prop. 65 warning label.

Prop. 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires clear and reasonable warnings on consumer products (including foods) sold in California, if use of the products causes and exposure to chemicals on the Prop. 65 List. Our monthly overview of product trends in the Notices is as follows.

Californias court closures have created the opportunity of extra time for retailers and manufacturers to conduct Prop. 65 risk analyses as to the applicability of Prop. 65 warnings to the products they sell. Those receiving Notices during the COVID-19 California court closures can use this time to shore up their Prop. 65 procedures and evaluate settlement and/or defense of the Notices before the Courts reopen.

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Proposition 65 Notices of the Month April 2020: Plaintiffs Target Various Food Products Including Vinegars, Baby Food Pouches, Teething Wafers,...