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

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

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.

OEHHA Announces Priority for Prop 65 NSRLs and MADLs

The California Office of Environmental Health Hazard Assessment (“OEHHA”) recently announced its priorities to develop No Significant Risk Levels (“NSRLs”) for carcinogens and Maximum Daily Acceptable Exposures (“MADLs”) for reproductive toxins listed under Proposition 65.  Proposition 65 requires businesses to provide a warning before exposures to listed carcinogens and reproductive toxins.  Importantly, exposures that pose

Comments on Draft Safer Consumer Products Regulations

The Calfironia Department of Toxic Substances Control (“DTSC”) held a hearing on September 10, 2012 for public comments to the Agency’s draft Safer Consumer Product regulations.  Many of the comments expressed concern that the regulations were overbroad, provided too little time to respond, gave DTSC too much discretion, and did not afford protection of trade secrets.

DTSC Public Hearing on Safer Consumer Product Regulations

The California Department of Toxic Substances Control (“DTSC”) held its public hearing at 10 am on September 10, 2012 on its draft regulations for safer consumer products. The hearing will be  available on DTSC’s website.

Johnson & Johnson Phases Out Chemicals of Concern

Johnson & Johnson recently announced that it would phase out formaldehyde, phthalates, and triclosan from its personal care products for adults.  Johnson & Johnson markets brands Neutrogena, Aveeno and Clean & Clear for adults.  It previously announced a policy of removing chemicals of concern from baby products.  Johnson & Johnson has a developed policies for the levels

CPSC Database Lists Recalls and Consumer Complaints

As required by the Consumer Product Safety Improvement Act, the Consumer Product Safety Commission (“CPSC”) set up a public database on March 11, 2011 that lists consumer complaints as well as recall notices.  The database is searchable by company and product.  To date, there are 362 listings concerning lead, 7 listings concerning cadmium, and 6