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

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 … 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

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 … 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

Cosmetic Companies Concerned About Proposed Prop 65 Listings

Cosmetic companies have expressed concern about several chemicals that may be listed as Prop 65 chemicals should they be listed under the Labor Code mechanism.  The chemicals include Benzophenone, Coconut Oil Diethanolamine Condensate (Cocamide Diethanolamine), Diethanolamine, 2‑Methylimidazole.  The companies argue that there is not sufficient evidence that the chemicals are human carcinogens.

California Attorney General Challenges Evidence of Exposure in a Proposition 65 Case

The California Attorney General issued a letter on April 4, 2012 to a prominent plaintiff’s attorney requesting that the attorney withdraw its 60-day notice concerning alleged violation of Proposition 65 based on alleged exposure to di-ethylhexyl phthalate (“DEHP”).  The Attorney General contends that the plaintiff’s expert relied erroneously on a report that the Attorney General … Read more

Methanol is Now a Proposition 65 Reproductive Toxin

The California Office of Environmental Health Hazard Assessment (“OEHHA”) has listed methanol as a Proposition 65 reproductive toxin as of March 16, 2012.  OEHHA is also proposing acceptable maximum daily limits of 47,000 micrograms/day by inhalation and 23,000 micrograms/day by oral ingestion.  OEHHA has also issued and interpretive guideline which states that “Exposure to methanol in … Read more

California Proposing a New Fire Retardant Standard for Furniture

Assembly Member Mitchell has introduced AB 2197 which would require seating furniture to meet a smolder flammability test instead of the current open flame test as of September 1, 2013.  The bill states that most injuried and deaths in homes occur as a result of smolder ignition.  The bill also cites concerns for chemicals used to meet the … Read more