Notwithstanding a legislative deadline of January 2011, the California Department of Toxic Substances Control (“DTSC”) has yet to finalize its ” It recently released 811 pages of informal comments to its informal draft regulations that were issued in October 2011. The draft regulations propose a system to identify chemicals of concern and target consumer products
As of February 15, there have been 73 notices of intent to sue that have been listed on the California Attorney General’s website. Of these, 37 have been filed on lead, 39 on phthalates, and 2 on cadmium. The products include honey, tools, costumes, and various clothing accessories.
The Department of Toxic Substances Control (“DTSC”) is supporting AB 1319, a bill that would ban bisphenol-A (“BPA”) in certain children’s products after July 31, 2013. BPA is used to make polycarbonate plastics and epoxy resins. It is reported to be an endocrine disrupter, and the National Institutes of Health has expressed concern for exposures to
On August 1, 2011, both the House and the Senate by overwhelming margins passed H. R. 2715 which amends the Consumer Product Safety Improvement Act of 2008 (“CPSIA). If enacted into law, the bill would amend the CPSIA as follows: The 100 ppm lead limit that takes effect on August 14, 2011 for products intended
The Office of Environmental Health Hazard Assessment added alpha-methyl styrene and sulfur dioxide as reproductive toxicants to the Proposition 65 list of chemicals known to the State to cause cancer or reproductive toxicity. Both chemicals are listed as reproductive toxicants and the listing became effective on July 29, 2011. Businesses with 10 or more employees
During June 2011, 81 notices were issued by various private citizens. Of these, 49 notices were for consumer products containing di-2-ethyl hexyl phthalate (DEHP) and 30 notices were for products containing lead or lead and lead compounds. The noticed products containing DEHP include children’s books and furniture, bath mats, footwear, pencil pouches, key holders, cosmetic bags, and tools.
The Consumer Product Safety Improvement Act (“CPSIA”) set a limit of 100 ppm lead in children’s products as of August 14, 2011 unless the Consumer Product Safety Commission (“CPSC”) determines that the limit if technically infeasible. The CPSIA regulates lead limits in products intended for children 12 and younger, and CPSC has recently issued interpretive guidance
More common chemicals will be added to the California’s Proposition 65 list by reference to the Labor Code. Because these chemicals are likely to be found in many workplaces and consumer products, more businesses will need to determine if any newly listed chemical is present in their workplace or consumer product and provide any required
Key Proposition 65 Chemicals. There are over 850 chemicals on the list and testing products for each would be cost prohibitive. However, there are some key chemicals to be concerned with and have been the primary chemicals alleged in Proposition 65 enforcement actions. Lead and Cadmium. Two of them are lead and cadmium because they