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Appellate Court Opinion Clarifies Key Aspects of Proposition 65 Exposure Assessments

In a significant victory for defendants and the regulated community at large, the California Court of Appeal (First Appellate District) upheld a Proposition 65 trial court defense win.  In doing so, the appellate court answered two key questions that have muddied the Proposition 65 compliance and defense waters for decades:  May a company average the results of chemical testing of its products? And may a company average the exposure to a reproductive toxicant? The answer to both questions is "yes." In Environmental Law Foundation v. Beech-Nut Nutrition Corp., the plaintiff filed a Proposition 65 lawsuit against a number of food manufacturers…

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BPA Being Considered for Listing as Proposition 65 Female Reproductive Toxicant

On May 7, 2015, the Developmental and Reproductive Toxicant Identification Committee (DARTIC) will consider the listing of Bisphenol A as a Proposition 65 female reproductive toxicant, under the law's State's Qualified Experts listing mechanism.  The meeting follows the release of related Hazard Identification Materials by the Office of Environmental Health Hazard Assessment for public notice and comment on February 20, 2015. The DARTIC is one of two committees of the OEHHA Science Advisory Board.  (The other is the Carcinogen Identification Committee.)  Members are experts in designated fields and appointed by the California Governor.  Under Proposition 65, the DARTIC advises the Governor and…

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