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 California Attorney General has issued a letter to private Proposition 65 plaintiffs concerning the scope of the “public interest release”. The AG’s main concern is that the public interest release not be overly broad. The AG wants the release to be specifically limited to the alleged violation in the notice.
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.
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
This blog focuses on California regulatory developments affecting consumer products, and starts with California’s Proposition 65, formally known as The Safe Drinking Water and Toxics Enforcement Act of 1986, Health and Safety Code 25249.5 et seq. Proposition 65 requires private businesses with 10 or more employees to provide a “clear and reasonable” warning before exposing