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, … Read more

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 … Read more

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 … Read more

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 … Read more

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 … Read more

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.

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 … Read more

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 … Read more

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.

EPA Identifies Additional Chemicals for Evaluation

EPA recently identified eighteen additional chemicals, including three flame retardants and four fragrances, for further assessment under the Toxic Substances Control Act (“TSCA”).  According to EPA, “at the conclusion of the review process, if an assessment of specific uses indicates significant risk, EPA will evaluate and pursue appropriate risk reduction actions, as warranted. If an … Read more