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October 2015

Wells Fargo Offers Proposition 65 Insurance

Wells Fargo Insurance has announced a Proposition 65 liability insurance program, for Proposition 65 claims involving the six phthalate chemicals on the Proposition 65 list: Diethyl hexyl phthalate (DEHP) Diisononyl phthalate (DINP) Dibutyl phthalate (DBP) Benzyl butyl phthalate (BBP) Di-n-hexyl phthalate (DnHP) Diisodecyl phthalate (DIDP)   These phthalates, used as plasticizers in a wide variety of products, have been primary targets for hundreds of Proposition 65 enforcement actions.  Insurers typically refuse to provide coverage for Proposition 65 claims under ordinary business liability policies (but businesses nevertheless should always consider tendering such claims to their carriers). Previous insurance products for Proposition 65 claims involving dietary supplements were withdrawn shortly after they were made available. Thus, this Wells Fargo insurance product represents a significant development with Proposition 65 insurance coverage. The insurance program covers fines, penalties, legal costs and expenses associated with Proposition 65 enforcement actions, and is intended to provide protection for product manufacturers, distributors and formulators of phthalate-containing …Read More

DTSC Proposes To Update Candidate Chemicals List Under Safer Consumer Products Regulations

On October 2, 2015, the California Department of Toxic Substances Control published a Notice of Proposed Amendment to amend the Candidate Chemicals List under the Safer Consumer Products Regulations. Although largely a proposal to “fix” prior inaccuracies and update the list, the proposed amendment also will result in the addition of three new chemicals to DTSC’s program:  (1) 4-(1,1,3,3,-tetramethylbutyl)phenol, ethoxylated; (2) 4-nonylphenol, branched and linear; and (3) 4-nonylphenol, branched and linear, ethoxylated.  DTSC will hold a public hearing in Sacramento on November 16, 2015.  The deadline for written public comments also is November 16, 2015. California’s Green Chemistry laws, AB 1879 and SB 509, together establish the statutory authority for the Safer Consumer Products Regulations. Codified in the California Health & Safety Code, they require DTSC to establish a process to identify and prioritize chemicals of concern in consumer products, and to evaluate their potential alternatives. An essential component of …Read More

California Attorney General Proposes New Proposition 65 Settlement Regulations

On September 25, 2015, the California Attorney General published proposed regulations and guidelines governing Proposition 65 settlements. Largely focusing on the allocation of payments required in Proposition 65 settlements, the proposed regulations aim to increase transparency and accountability in the settlement of private enforcement actions, and to curb abusive private enforcement. The deadline for public comment is November 9, 2015. Although the Attorney General is the primary public enforcer of Proposition 65, that office also exercises a supervisory role, authorized by statute, in reviewing private enforcement activity. The Attorney General is authorized to, and frequently does, object to settlements and require further documentation of their terms. The current proposal amends prior regulations and guidelines promulgated by the Attorney General to promote transparency and accountability. Inasmuch as the guidelines are not mandatory, they act more as an alert to the private enforcement community about issues that the Attorney General will consider in reviewing …Read More