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October 2016

Brace Yourself (Part 2): How Will The New Proposition 65 Warning Regulations Affect Settlements?

As GLO previously reported, the California Office of Health Hazard Assessment recently adopted new Proposition 65 warning regulations. Those regulations become effective on August 30, 2018. During this two-year period until the new regulations become effective in 2018, companies may comply either with the still-current warning regulations or the new regulations. The new warning regulations establish safe harbor warnings and other requirements which are substantially different than the requirements in the current regulations. What will happen to the warning programs established by Proposition 65 settlements, which likely impose warning requirements more aligned with the current regulations? The answer: It depends. Section 25600(e) of the new regulations provides that “a party to a court-ordered settlement or final judgment establishing a warning method or content is deemed to be providing a ‘clear and reasonable’ warning for that exposure for purposes of [the new warning regulations], if the warning complies with the order …Read More

DTSC Requests Input on Possible Future Priority Products under Safer Consumer Products Regulations

On November 15, 2016, the California Department of Toxic Substances Control will be holding a webinar to solicit public input on the identification of potential new Priority Products under the Safer Consumer Products Regulations.  Specifically, DTSC is asking for input on the following: Potential Aquatic Impacts and Continued Uses of Nonylphenol Ethoxylates and Triclosan; Nail Salon Products and Chemicals; and Perfluoroalkyl and Polyfluoroalkyl Substances (PFASs) in Carpets, Rugs, Upholstered Furniture, and their Care and Treatment Products. DTSC will be providing further information on how to participate in the webinar.

California Attorney General Adopts New Proposition 65 Settlement Regulations and Guidelines

The California Attorney General has adopted new regulations and guidelines, codified at Title 11 of the California Code of Regulations (beginning with Section 3000) and affecting Proposition 65 settlements. These regulations and guidelines became effective on October 1, 2016. Settlements executed prior to October 1, 2016 are not subject to the new regulations and guidelines (and remain subject to their prior versions) even if motions to approve such settlements are scheduled to be heard after October 1, 2016. Background The Attorney General not only enforces Proposition 65, but also exercises a supervisory role over private Proposition 65 enforcement including settlements of private enforcement actions. In that supervisory role, the Attorney General in 2003 promulgated regulations and guidelines governing reporting of private enforcement actions and their settlements, as well as establishing standards for penalties, evaluation of attorney’s fee awards, the scope of release agreements and other aspects of settlements of private …Read More