Litigation

Proposition 65 and related Litigation

OEHHA Saves the Day for Coffee Drinkers in California and Beyond

      California’s Office of Environmental Health Hazard Assessment today proposed a regulation state that exposures to Proposition 65 listed chemicals in coffee, such as acrylamide, and furfuryl alcohol that are produced as part of the processes of roasting and brewing coffee, pose no significant risk of cancer that if adopted would for all …

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Attorney General Sues Baby Formula Makers

    California Attorney General Xavier Bacerra has filed Proposition 65 enforcement actions against two makers of baby formula whose products that allegedly contain elevated levels of lead in violation of the Proposition 65 Safe Harbor Level, and the provisional Total Tolerable Intake level for lead of 6 micrograms per day  applicable to children 6 years …

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Titanium Dioxide Litigation Dismissed

An Alameda County Superior Court Judge has granted summary judgement, dismissing a Proposition 65 lawsuit brought against approximately 100 cosmetic and personal care products companies. The suit alleged that the companies failed to provide clear and conspicuous warnings that titanium dioxide (TiO2) in powdered cosmetic products is known to the State of California to cause …

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EPA Administrator Pruitt to Allow New Uses of Asbestos

      The U.S. Environmental Protection Agency (EPA) has announced that it will significantly reduce the criteria in its safety evaluations for asbestos and nine other chemicals based on the amended Toxic Substances Control Act. In the case of asbestos, the carcinogen that has caused the death of thousands of Americans, the EPA said …

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Lumber Liquidators to Pay 13 Million in Criminal Fines in Lacey Act Settlement

Lumber Liquidators pleaded guilty on Thursday to environmental crimes related to the illegal importation of hardwood flooring, the Justice Department announced Thursday.Under the terms of the agreement, the company will pay $13.13 million, including a $7.8 million criminal fine and more than $1.23 million in community service payments. According to court documents, Lumber Liquidators imported …

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PepsiCo Settles Caramel Coloring Litigation

    Soft drink and snack food giant PepsiCo has agreed to lower its levels of 4-MEI (4-Methylimidazole) in its soda products as part of a settlement with Proposition 65 citizen enforcement group the Center for Environmental Health (CEH). Pepsi’s agreement requires PepsiCo to lower levels of 4-MEI in its soda products sold in California …

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Wave of Proposition 65 Warning Signs and BPA Lawsuits Will Create Challenges, But May Finally Spur Reform

Proposition 65, California’s tough, one-of-a-kind, consumer awareness statute, has been a thorn in the side of countless businesses since its passage by voters in 1986, but the State’s listing of the chemical Bisphenol A (BPA) and related regulatory proposals may be the final straws for industry and consumer advocates alike. With an outcome that’s certain …

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Lumber Liquidators Prevails in Prop 65 Laminate Flooring Trial

Alameda County Superior Court Judge George C. Hernandez Jr. has tentatively dismissed a Proposition 65 enforcement action that alleges flooring giant Lumber Liquidators failed to adequately warn its customers about the potential exposure to formaldehyde from its laminate wood flooring products in violation of California’s Proposition 65. Formaldehyde is a carcinogen listed by CALEPA under Proposition …

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CAG Settles Instant Coffee Cases

Consumer Advocacy Group, Inc. (CAG) has entered into out-of-court settlements with four instant coffee producers in February. The instant coffee cases are not related to the brewed coffee litigation brought against Starbucks and dozens of other well-known brewed coffee vendors that will soon embark on the second phase of their trial in Los Angeles Superior …

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AG Proposes Amendments to Litigation Reform Proposal

California Attorney General Kamala Harris has proposed several amendments in response to public comments submitted following the release of the Attorney General’s Proposition 65 litigation reform proposal, and the public hearing that took place in November at the Dept. Of Justice headquarters in Oakland. The modified proposal includes: ● the addition of a proposed definition …

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