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

Methanol is Now a Proposition 65 Reproductive Toxin

The California Office of Environmental Health Hazard Assessment (“OEHHA”) has listed methanol as a Proposition 65 reproductive toxin as of March 16, 2012.  OEHHA is also proposing acceptable maximum daily limits of 47,000 micrograms/day by inhalation and 23,000 micrograms/day by oral ingestion.  OEHHA has also issued and interpretive guideline which states that “Exposure to methanol in

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

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.

Two Chemicals Added to Proposition 65 List

The Office of Environmental Health Hazard Assessment added alpha-methyl styrene and sulfur dioxide as reproductive toxicants to the Proposition 65 list of chemicals known to the State to cause cancer or reproductive toxicity.  Both chemicals are listed as reproductive toxicants and the listing became effective on July 29, 2011.  Businesses with 10 or more employees

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. 

More Proposition 65 Chemical Listings – More Warnings

More common chemicals will be added to the California’s Proposition 65 list by reference to the Labor Code.  Because these chemicals are likely to be found in many workplaces and consumer products, more businesses will need to determine if any newly listed chemical is present in their workplace or consumer product and provide any required

Key Proposition 65 Chemicals

Key Proposition 65 Chemicals.  There are over 850 chemicals on the list and testing products for each would be cost prohibitive.  However, there are some key chemicals to be concerned with and have been the primary chemicals alleged in Proposition 65 enforcement actions. Lead and Cadmium.  Two of them are lead and cadmium because they