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

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.

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.

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.

Johnson & Johnson Phases Out Chemicals of Concern

Johnson & Johnson recently announced that it would phase out formaldehyde, phthalates, and triclosan from its personal care products for adults.  Johnson & Johnson markets brands Neutrogena, Aveeno and Clean & Clear for adults.  It previously announced a policy of removing chemicals of concern from baby products.  Johnson & Johnson has a developed policies for the levels … Read more

CPSC Database Lists Recalls and Consumer Complaints

As required by the Consumer Product Safety Improvement Act, the Consumer Product Safety Commission (“CPSC”) set up a public database on March 11, 2011 that lists consumer complaints as well as recall notices.  The database is searchable by company and product.  To date, there are 362 listings concerning lead, 7 listings concerning cadmium, and 6 … Read more