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.

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

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

CPSC Announces Teleconference on Phthalates

The Consumer Product Safety Commission (CPSC) announced a teleconference on April 10 of the Chronic Hazard Advisory Panel (CHAP) to discuss phthalates and phthalate substitutes.  The CHAP must make recommendations to the Commission regarding any phthalates (or combinations of phthalates by October 2012.  The CHAP is to examine the potential health impacts of phthalates, including endocrine-disrupting effects as … Read more

Phthalate Testing

Phthalates are found in a wide variety of products, including polyvinyl chloride (which in turn in used in a wide range of products), coatings, and perfumes.  The Consumer Product Safety Commission (“CPSC”) recently held a symposium on phthalate testing for children’s products.  Under the Consumer Product Safety Act, the manufacturer or private labeler must furnish … Read more

Proposition 65 Notices – 2012 starting strong

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.

June Was An Active Month for Proposition 65 Notices

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.  … Read more