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
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
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.
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
The California Department of Toxic Substances Control (“DTSC”) brought enforcement action against 16 Los Angeles businesses for selling jewelry that does not comply with California lead in jewelry law. In some cases, the jewelry was advertised as “lead free”.
United States Customs and Border Control seized a shipment of children’s shoes with 300 parts per million lead, three times the legal limit. The shipment was valued at more than $24,000
CPSC staff have issued a revision to the method for testing lead in homogeneous metals. The preferred methods remain chemical digestion and analysis by Inductively Coupled Plasma – Optical Emission Spectroscopy (ICP-OES). Inductively Coupled Plasma–Mass Spectrometry (ICP-MS) and Flame Atomic Absorption Spectroscopy (FLAA) and Graphite Furnace Atomic Absorption Spectroscopy (GFAA) are also acceptable under appropriate conditions. Significantly,
The California Scientific Guidance Panel of the California Environmental Contaminant Biomonitoring Program (“Program”) will host a meeting to discuss initial findings of its program to measure levels of environmental contaminants from. To date, common chemicals in consumer products such as plasticizers, phthalates, perfluorochemicals, pesticides, heavy metals such as lead and mercury, and banned flame retardants
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.
On August 1, 2011, both the House and the Senate by overwhelming margins passed H. R. 2715 which amends the Consumer Product Safety Improvement Act of 2008 (“CPSIA). If enacted into law, the bill would amend the CPSIA as follows: The 100 ppm lead limit that takes effect on August 14, 2011 for products intended