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

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.

California Issues Draft Safer Consumer Product Regulations

On July 27, 2011, the California Department of Toxic Substances Control issued its long awaited proposed Safer Consumer Product regulations.  Under the proposed regulations, chemicals of concern will be identified on the basis of their toxicity, adverse impact to certain sensitive populations, potential exposures, reliable information, and availability of safer alternatives.  DTSC will evaluate products … Read more

DTSC Draft Green Chemistry Rules

The California Department of Toxic Substances Control (“DTSC”) is expected to issue its revised draft green chmeistry regulations soon.  The agency recently issued its latest version to stakeholders and it is expected to release them publically in the near future.  These regulations will address specific chemicals in consumer products.

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

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