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August 2015

OEHHA Proposes Significant Changes in Proposition 65 Lead MADL and in Rules for Evaluating Proposition 65 Exposures

The California Office of Environmental Health Hazard Assessment is proposing, in pre-regulatory draft proposals, far-reaching changes in the Proposition 65 warning trigger for lead as a reproductive toxicant (the lead “Maximum Acceptable Dose Level” or “MADL”) and in how exposures to Proposition 65 chemicals should be evaluated.  OEHHA will be holding two public hearings:  one on October 14, 2015 to discuss revisions to the lead MADL, and one on October 29, 2015 to discuss revisions to related regulations involving exposures to reproductive toxicants and to chemicals in foods.  If OEHHA’s draft proposals ultimately are adopted, they are sure to increase litigation and drive companies to provide even more warnings on products in order to avoid litigation. These draft proposals were instigated in part by the successful defense, upheld on appeal, of a Proposition 65 lawsuit alleging exposures to lead in baby foods, Environmental Law Foundation v. Beech-Nut Corp.  That appellate ruling …Read More