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

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.

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

DTSC to Issue Safer Consumer Products Regulations Soon

California’s Department of Toxic Substances Control (“DTSC”) announced that it would issue its next draft of its Green Chemistry/Safer Consumer Products regulations by the end of April.  Separately, Debbie Raphael, DTSC Director, announced that the Legislature may still need to adopt bills on individual chemicals because the Department’s program will likely evolve over time and

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

U.S. EPA Fines Logitech More than $250,000 for Keyboard Claims

The U.S. Environmental Protection Agency announced on September 28, 2011, that Logitech, Inc. has agreed to pay $261,000 to the EPA to settle alleged violations of federal pesticide regulations.  EPA claimed that Logitech had unsubstantiated public health claims about its keyboard based on marking claims that a silver compound in the keyboard protected the user from bacteria