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Cheryl S. Chang and Erika R. Schulz of Blank Rome.

On June 15, the California Office of Environmental Health Hazard Assessment (OEHHA), which implements and administers California’s Proposition 65 program, made an unexpected pivot and proposed a new regulation clarifying that cancer warnings are not required for coffee under Proposition 65. The unusual categorical exemption could be seen as the OEHHA’s response to the media frenzy and industrywide impact caused by a recent California state court decision that required cancer warnings for coffee. The text of the proposed new rule follows below:

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