Industry complaints about California’s Prop 65 program are nothing new, but First Amendment cases against the state’s attorney general currently moving through California federal courts could have novel, outsized impacts. The Personal Care Products Council, which is suing over a titanium dioxide listing, awaits a review of glyphosate litigation pending in the Ninth Circuit.
A coming US Ninth Circuit decision could clear a path for the Personal Care Products Council’s suit against California in a Prop 65 dispute over titanium dioxide.
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FDA introduced the option because it didn’t have sufficient staff to handle the volume of GRAS submission reviews requested by food and other firms for ingredients. Requiring submissions for all GRAS determinations “would just be an unworkable situation for the food industry if somehow submitting notice, submitting notices for FDA review and concurrence, was required,” says food and drug attorney Federick Stearns.
Instead of arguing FDA’s not authorized to offer option under authority from 1958 Food Additives Amendments, potential litigation could contend the law requires agency to continue making self-GRAS without notification available.
France's food safety regulator ANSES is proposing a reproductive toxicity category 1B classification for CBD under the EU's CLP regulation, which would mean an effective ban on CBD in cosmetics and foods. However, French hemp industry association UIVEC hopes that new evidence coming out of a European Commission review will put the issue to bed before it gets that far.
