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Prop65News

Covering Proposition 65 News and Events Since 1987




Wednesday, August 24, 2016

Dietary Supplement Manufacturer Prevails in Prop. 65 Trial

Sometimes a simple and straightforward defense works best in litigation.  However, simplicity has been an underutilized tactic in the few Proposition 65 bench trials tried in recent years.  
Dietary supplement maker Aloe Vera of America Inc. opted to use two legal theories in its defense in a recent Prop. 65 trial held in San Francisco Superior Court.  The supplement maker based its main defense on the Proposition 65 Safe Harbor level for lead, and asserted a secondary affirmative defense that Proposition 65 is preempted by federal law.

DART-IC to Reconsider Chloroform Listing Thursday, August 18, 20160

DART-IC to Reconsider Chloroform Listing

California’s Office of Environmental Health Hazard Assessment (OEHHA) is revisiting its 2009 listing of chloroform as a Proposition 65 reproductive toxicant.

 

 

OEHHA Adds Bromodichloroacetic acid to the Proposition... Monday, August 01, 20160

OEHHA Adds Bromodichloroacetic acid to the Proposition...

California's Office of Environmental Health Hazard Assessment (OEHHA) has added Bromodichloroacetic acid (CAS No. 71133-14-7to the Proposition 65 list of chemicals known to the state to cause cancer.
Anticipated Wave of BPA Notices is Only a Dribble So Far Thursday, July 21, 20160

Anticipated Wave of BPA Notices is Only a Dribble So Far

Dire predictions that a barrage of 60-day notices would flood the California Attorney General’s Office as soon as the Prop. 65 warning requirement for bisphenol-A (BPA) took effect on May 11, have not materialized.  Instead, only two notices of violation have been served since the enforcement deadline alleging failure to warn consumers about exposures to the chemical. 
Brass Manufacturer Prevails in Prop 65 Trial Thursday, July 21, 20160

Brass Manufacturer Prevails in Prop 65 Trial

In a Proposition 65 trial pitting a manufacturer of brass polish against an obscure Proposition 65 citizen enforcement group, Reckitt Benckiser, PLC the manufacturer of Brasso overcame a novel argument by plaintiff AFS Enterprises, LLC that failed to prove exposure exceeding the state’s Safe Harbor Level for lead.

Proposition 65 Warnings at 30 – Time for a Different... Friday, June 24, 20160

Proposition 65 Warnings at 30 – Time for a Different...

This year, 2016, marks the 30th anniversary of Proposition 65 (“Prop 65”), a voter initiative that passed in California under the more imposing name of the Safe Drinking Water and Toxic Enforcement Act of 1986. Although Prop 65 is touted for its simplicity and fundamental “right to know” underpinnings, it continues to raise the ire of businesses both large and small, many of which are subject to Prop 65’s warning requirements. California is awash in Prop 65 warnings, whether on consumer products or in hotels, restaurants, ballparks, parking garages, office buildings, amusement parks, and pools.Governor Brown’s ambitious legislative efforts to strengthen and restore the original intent of Prop 65.

OEHHA Intends to List a Common Water Disinfectant Monday, June 13, 20160

OEHHA Intends to List a Common Water Disinfectant

California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced it intends to list bromodichloroacetic (CAS No. 71133-14-7) acid as a carcinogen under Proposition 65.
OEHHA Lists Three Widely Used Pesticides Despite Heavy... Thursday, June 02, 20160

OEHHA Lists Three Widely Used Pesticides Despite Heavy...

California’s Office of Environmental Health Hazard Assessment (OEHHA) has added three widely used pesticides to the State’s list of chemicals known to cause cancer, despite intense industry opposition.

Cleaning Product Disclosure Bill Introduced in Congress Thursday, May 19, 20160

Cleaning Product Disclosure Bill Introduced in Congress

A new bill introduced in the U.S. House of Representatives is calling for full disclosure of ingredients in cleaning products to be listed on product labels or packaging.
OEHHA Adds Styrene to the Prop 65 Chemical List Once Again. Monday, May 02, 20160

OEHHA Adds Styrene to the Prop 65 Chemical List Once Again.

California’s Office of Environmental Health Hazard Assessment (OEHHA) has listed styrene as a Prop. 65 carcinogen for the second time.
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