California Proposes to List BPA as a Proposition 65 Reproductive Toxin

The California Office of Environmental Health Hazard Assessment (“OEHHA”) is proposing listing bis-phenyl A (“BPA”) as a reproductive toxin under Proposition 65.  In addition, OEHHA is also proposing a maximum daily exposure level of 290 micrograms per day. Public comments on the proposed listing must be received by 5 PM on Monday, February 25, 2013,

961 Proposition 65 Notices Were Issued in 2012

2012 was a busy year for Proposition 65 notices with a total of 961 notices.  Phthalates led the list with 511 notices.  Phthalates are commonly used in polyvinyl chloride as a softener and the notices involve a variety of consumer product types.  Lead was a close second with 403 notices in products ranging from food

OEHHA Withdraws its Proposed NSRL and MADL for PCBs under Proposition 65

On April 12, 2012, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) proposed a No Significant Risk Level of 0.35 micrograms per day (μg/day) for polychlorinated biphenyls (“PCBs”) in foods based on the cancer potency value developed in a U.S. Environmental Protection Agency (U.S. EPA) risk assessment. and proposed a Maximum Acceptable Daily Level of 2.3

CEH Targets Flame Retardant in 60-Day Notices

The Center for Environmental Health (“CEH”) recently issued four 60-day notices of intent to sue for alleged exposure to tris (1,3-dichloro-2-propyl) phosphate (“TDCPP”) from furniture and baby products. TDCPP is a flame retardant and is listed as a Proposition 65 carcinogen. It was listed on October 28, 2011, and the requirement to warn became effective

NIST Issues Standard for Testing Lead in Paint

The National Institute of Standards and Technology has developed reference materials to test the level of lead in paint using X-Ray Fluorescent (“XRF”) guns.  The CPSC limit on lead in children’s products is 90 ppm.  The reference materials are three polyester panels painted with three different paints:  one paint has no lead, the second paint

FTC Guidance on “Toxin-Free”

 The FTC issued revised guidance on “green claims” in October 2012. Of interest is its guidance on claims that a product is free of some toxin.  In its fact sheet, the FTC states: “Marketers can make a free-of claim for a product that contains some amount of a substance if: 1. the product doesn’t

Flame Retardants – New Target for Proposition 65

The Center for Environmental Health has recently issued 60-day notices for alleged exposure to tris(1,3-dichloro-2-propyl) phosphate (TDCPP), a flame retardant.  The notices were issued to distributors and retailers of foam-cushioned pads for children and foam cushioned mattress toppers.  TDCPP is listed as a carcinogen under Proposition 65.

Ingestion of Hexavalent Chromium No Longer Exempt Under Proposition 65

The California Office of Health Hazard Assessment (“OEHHA”) has removed the exemption under Proposition 65 for exposure to hexavalent chromium via ingestion.  The agency based its decision “on currently available scientific information that shows oral exposures to hexavalent chromium can pose a significant cancer risk.”  The amendment became effective on November 9, 2012.  Products that

FTC Issues Revised “Green Guides”

The Federal Trade Commission (“FTC”) issued revised its “Green Guides” to assist companies in avoiding misleading environmental claims.  The revised guidance clarify guidance on compostable, ozone, recyclable, recycled content, and source reduction claims.  In addition, they advise not to use broad, unqualified claims that as stating that a product is “environmentally friendly” and “eco-friendly”.   The

EWG Lists Cleaning Products it Says to Avoid

The Environmental Working Group (“EWG”), a non-profit group, recently listed specific cleaning products that it evaluated on the basis of ingredients.  EWG classified the products with a score of A to F.  EWG reports that “[s]ome 53 percent of cleaning products assessed by EWG contain ingredients known to harm the lungs.  About 22 percent contain chemicals