Monthly Archives: October 2015

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…

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…

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…