OEHHA Withdraws its Proposed NSRL and MADL for PCBs under Proposition 65

On April 12, 2012, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) proposed a No Significant Risk Level of 0.35 micrograms per day (μg/day) for polychlorinated biphenyls (“PCBs”) in foods based on the cancer potency value developed in a U.S. Environmental Protection Agency (U.S. EPA) risk assessment. and proposed a Maximum Acceptable Daily Level of 2.3 … 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

FTC Guidance on “Toxin-Free”

 The FTC issued revised guidance on “green claims” in October 2012. Of interest is its guidance on claims that a product is free of some toxin.  In its fact sheet, the FTC states: “Marketers can make a free-of claim for a product that contains some amount of a substance if: 1. the product doesn’t … Read more

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.

EPA Identifies Additional Chemicals for Evaluation

EPA recently identified eighteen additional chemicals, including three flame retardants and four fragrances, for further assessment under the Toxic Substances Control Act (“TSCA”).  According to EPA, “at the conclusion of the review process, if an assessment of specific uses indicates significant risk, EPA will evaluate and pursue appropriate risk reduction actions, as warranted. If an … Read more

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.

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

Workshop for California’s Proposed Safer Consumer Product Regulations

The Department of Toxic Substances Control (“DTCS”) will hold a two day workshop entitled “Alternatives Analysis- Tools, Methodologies, and Frameworks” for its newly proposed Safer Consumer Products regulations.  The workshop will be held When: October 9-10, 2012, 9:00 a.m. to 4:00 p.m. at the Sierra Hearing Room; California Environmental Protection Agency, Headquarters; 1001 I Street, … Read more