This episode explores California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Partner Sophie Castillo, an attorney from Keller and Heckman’s California Proposition 65 and Litigation practices, shares her insights on complying with Proposition 65. Sophie provides background on the law, the significance of a Proposition 65 warning, preemption and other legal challenges, as well as Office of Environmental Health Hazard Assessments (OEHHA) and bounty hunter activity. Additionally, the episode dives into trends in the chemicals and product categories targeted by bounty hunters.

The 8th episode of Food & Chemicals Unpacked dives into the inner workings of the National Advertising Division (NAD), the advertising industry’s self-regulatory mini court. Keller and Heckman attorneys Katie Bond and Samuel (Sam) Butler, both from our Advertising and Promotion practice, join us to provide an overview of all things NAD. We cover its origin, the structure of NAD proceedings, the interaction between the NAD and the Federal Trade Commission (FTC), what types of companies participate in NAD challenges, the appeals process, and more. The episode highlights the findings of a new analysis by Katie and Sam on changing outcomes at the NAD over the past few decades.

In this episode, we take a more traditional legal focus and discuss potential changes to a cornerstone of federal administrative law called Chevron Deference. This standard has long governed how much deference federal courts give to decisions made by agencies, such as FDA and EPA. It is based on a 1984 case, Chevron v. Natural Resources Defense Council, that the Supreme Court recently agreed to reconsider in an upcoming case this fall. Keller and Heckman Partners Eric Gotting and David Joy join us to discuss potential implications for FDA and other agencies if the Supreme Court decides to vacate the Chevron decision or limits its application, as well as legislative developments such as the Food and Drug Omnibus Reform Act of 2022. They use recent federal court decisions in Genus Medical Technologies LLC. v. U.S. FDA and Catalyst Pharmaceuticals, Inc. v. Becerra to illustrate how Chevron Deference works and what changes may be in store for FDA and the regulated community.