The United States Supreme Court has decided not to review Pliva v. Huck, an Iowa Supreme Court decision that held federal law does not preempt failure to update claims against generic drug manufacturers. Pliva challenged the ruling on the ground such claims were covered under the federal preemption memorialized in the 2011 U.S. Supreme Court decision Pliva v. Mensing.
Continue Reading Supreme Court Declines to Weigh in on Generic Preemption

California’s Office of Environmental Health Hazard Assessment (OEHHA) recently released new revisions to Proposition 65’s “safe harbor” warning language regulations.  Under OEHHA’s proposal, businesses selling goods in California will no longer be able to rely on the standard simple warning language that has been used for decades.  Instead, business will be required to issue new Prop 65 warnings.  A public hearing will be held on March 25, 2015 to discuss the new revisions. 

The new warning language includes:
Continue Reading Proposed Changes To Prop 65 Warning Requirements Will Increase Burden on Manufacturers

Two developments under California’s Proposition 65 carry the potential to have a large impact on businesses selling products in California.  First, DINP has been added to the Proposition 65 List of Restricted Chemicals.  Second, California officials are considering revisions to the Proposition 65 Warning Regulations.
Continue Reading Proposition 65 Update: DINP Added to List of Restricted Chemicals