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Covering Proposition 65 News and Events Since 1987




Monday, December 05, 2016

DTSC Proposes Next Round of Priority Product Candidates

California's Department of Toxic Substances Control (DTSC) has called for information it needs from stakeholders to aid in the selection of new priority products under its Safe Consumer Products (SCP) program. 

Manufacturers of the priority products selected by the agency will be required to conduct an alternatives assessment and potentially find safer chemical alternatives under the SCP program regulations.

DTSC Proposes New Risk Assessment Regulations and will... Friday, December 02, 20160

DTSC Proposes New Risk Assessment Regulations and will...

The Department of Toxic Substances Control (DTSC) is currently drafting regulations to add Chapter 51.3 to the California Code of Regulations, under Title 22, Division 4.5. This rulemaking proposes to require that any human health risk screening or risk assessment shall use the most protective of the three federal and state accepted toxicity criteria sources for each cancer and non-cancer contaminant of concern for any site in California. 

Friday, November 11, 2016

OEHHA Files Motion to Dismiss Monsanto Lawsuit

California’s Office of Environmental Health Hazard Assessment (OEHHA) has filed a motion that would dismiss a declaratory relief action brought by Agrochemical and biotech giant Monsanto Corporation if granted. 

Aloe Vera Awarded $561,000 in Trial Costs Wednesday, November 02, 20160

Aloe Vera Awarded $561,000 in Trial Costs

Dietary supplement manufacturer Aloe Vera, Inc. has been awarded $561,155 by a San Francisco Superior Court Judge following its defense verdict in a Proposition 65 enforcement action. The case was brought in 2011 by the Environmental Research Center (ERC), a San Diego-based citizen enforcement group.

OEHHA Lists Pentachlorophenol and By-products of its... Friday, October 21, 20160

OEHHA Lists Pentachlorophenol and By-products of its...

California’s Office of Environmental Health Hazard Assessment (OEHHA) today addedpentachlorophenol and by-products of its synthesis (complex mixture) to the Proposition 65 list of chemicals known to the state to cause cancer.  

Thursday, October 20, 2016

California Attorney General Adopts Litigation Amendments...

California’s Office of the Attorney General (OAG) has adopted amendments to its regulations governing private litigation brought under Proposition 65. The new regulations will affect settlement terms, civil penalties, and attorney's fees in civil actions filed by Prop. 65 citizen enforcers.

Thursday, October 20, 2016

OEHHA Extends Public Comment Period for Proposed...

California’s Office of Environmental Health Hazard Assessment has extended the public comment period for its proposed listing of two controversial chemicals.

Wednesday, October 12, 2016

OEHHA Lists Furfuryl Alcohol

California's Office of Environmental Health Hazard Assessment (OEHHA) has added furfuryl alcohol (CAS No. 98-00-0) to its list of carcinogens on September 30.  The listing took effect with the agency’s listing, however enforcement of alleged violations pertaining to failure to warn consumers about potential exposure to furfuryl alcohol will commence one year after the listing date.

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.

 

 

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