Proposition 65

PFOA and PFOS Enforcement under Proposition 65 to begin on November 10, 2018

Beginning on November 10, 2018, Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) will be subject to enforcement under California’s Prop 65. Because both chemical compounds possess a unique ability to repel oil and water, these chemicals have been used in a plethora of surface protection products such as carpet and clothing treatments; coatings for paper, …

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Controversy Abounds in Proposed Reproductive Toxicity Amendments

California’s Office of Environmental Health Hazard Assessment (OEHHA) recently proposed amendments to clarify Proposition 65 reproductive toxicity sampling requirements for food products has already stirred up considerable controversy about how the amendments would impact various food products if adopted by the agency. Proposition 65 prohibits businesses from releasing chemicals “known to the State of California to cause …

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DART-IC Lists Nickel (soluble compounds) to the List of Reproductive Toxicants

California’s Office of Environmental Health Hazard Assessment’s, Developmental and Reproductive Toxicant Identification Committee (DARTIC) in its official capacity as the “state’s qualified experts” determined at a public meeting held in Sacramento on October 11, 2018 that soluble nickel compounds have been clearly shown to cause reproductive toxicity based on the developmental and male reproductive endpoints. …

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Toxic Metal Cadmium Found In Jewelry Sold by Nordstrom Rack, Ross, and Other Retail Outlets

According to Independent analysis done for the Oakland-based Center for Environmental Health (CEH), the organization has found the toxic metal cadmium in many jewelry samples purchased at Papaya, Nordstrom Rack, Ross, and other national retailers. The analysis showed that some women’s shirts and dresses were sold with jewelry made of almost 100 percent cadmium.  Prolonged exposure …

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Appellate Court Stays Penalty Phase of Starbucks Trial

  A California appeals court has stayed the Penalties Phase of the Starbucks Coffee Trial that had been set to determine penalties in the Proposition 65 case against Starbucks and nearly 75 additional coffee roasters. The defense argued that the trial should be delayed pending the outcome of a regulatory action initiated by the State’s …

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California Agency Files Motion to Reassign LA Superior Court Judge

California’s Office of Environmental Health Hazard Assessment (OEHHA) has filed a motion seeking to re-assign the Los Angeles Superior Court Judge presiding over the Proposition 65 Coffee litigation. Elihu M. Berle, the Los Angeles County Superior Court judge who rendered the controversial ruling in March that required Coffee roasters to provide a Proposition 65 warnings with …

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OEHHA Extends Public Comment Period for Proposed Reproductive Toxicity Calculation Regulation

The comment period for a recent regulatory proposal initiated by California’s Office of Environmental Health Hazard Assessment (OEHHA) has been extended by the agency. According to OEHHA The proposed amendment would “clarify that where a business presents evidence for the “level in question” of a chemical listed as causing reproductive toxicity in a food product …

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DART Committee to Consider Prop 65 Listing of Nickel and Compounds

OEHHA’s Developmental and Reproductive Toxicant Identification Committee (DARTIC) has been tasked to meet and decide whether to list nickel and its compounds under Proposition 65 or not. The metal and several of its compounds are already listed for carcinogenicity under Proposition 65. Only one compound, nickel carbonyl is listed for DART. Considering DART as an …

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OEHHA to Adopt two New MADLs for n-Hexane

California’s Office of Environmental Health Hazard Assessment (OEHHA) is about to finalize a Safe Harbor Level for the chemical n-hexane, adding another regulatory level to the State of California’s Proposition 65 Chemical list. N-hexane is used as a low-temperature filler in thermometers, as an extraction solvent and also as a degreasing compound. N-hexane was added to California’s …

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BJ’s Wholesale Club Will not Sell Products into California

BJ’s Wholesale Club, the third-biggest U.S. warehouse club operator in terms of revenue and number of locations, has stopped selling to online customers in California. According to information gathered, the club was not sure if the products it sells meet the updated labeling requirements in Proposition 65, the state’s law on chemical exposure warning. The …

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