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

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

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

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.

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

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.