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Evaluating the Effects of Prop 65: Do They Actually Help or Hurt Consumers?

Over 30 years ago, California voters passed the Safe Drinking Water and Toxic Enforcement Act (Prop 65) as a chemical right-to-know initiative designed to provide warnings for consumer products that cause exposures to listed chemicals that are known to cause cancer or reproductive harm. Today there are over 900 chemicals on the Prop 65 list and more substances are added annually. Prop 65 imposes burdensome obligations on businesses in California and over the years, critics have questioned how much the legislation has actually helped consumers. Moreover, the amended regulations set to take effect in less than two months will impose…

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Nanomaterial Reporting Deadline Looms – And May Trigger Changes Down The Road for Nanoscale Substances Under TSCA

Manufacturers, importers, and processors of specified nanoscale materials are required to submit reports to the U.S. Environmental Protection Agency. The deadline for reporting is August 14, 2018. Background On January 12, 2017, the EPA published its final rule on reporting and recordkeeping requirements for nanoscale materials under Section 8 of the federal Toxic Substances Control Act (TSCA). The rule is codified at 40 CFR section 704.20. Although it initially established May 12, 2018 as the deadline for reporting, the EPA extended the deadline to August 14, 2018 in a subsequent notice. According to the EPA, the rule’s requirements “will assist…

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Complying with New Prop 65 Regulations for Online Purchases

The amended regulations for Proposition 65 (Prop 65) that go into effect on August 30, 2108 introduce significant changes for warnings on products containing listed chemicals - including, for the first time, products sold via the internet. Entities that sell products online or maintain websites that conduct sales to consumers in California may no longer be permitted to avail themselves of the safe harbor protections available currently under Prop 65. Online businesses should be prepared to follow the guidance issued by Office of Environmental Health Hazard Assessment (OEHHA) to ensure that their warnings fall within the safe harbor provisions. Notably,…

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Beware Those Ready-Made Proposition 65 Warning Signs and Stickers

As the August 30, 2018 effective date of the new Proposition 65 warning regulations approaches, suppliers of product labels and facility signs are stepping up their offerings of Proposition 65 warning stickers and signage. It’s tempting for businesses to purchase these convenient, ready-made stickers and signs but relying on them may get businesses in trouble. Companies seeking to comply with Proposition 65’s warning requirements should not purchase these blindly but should double check these carefully against the new warning regulations to confirm that they are compliant. Mass-produced Proposition 65 warnings have been available for years but many of them have…

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The Status of BPA Notifications for Food and Drink Companies

Bisphenol-A (BPA) is a chemical that is widely used to line food containers and beverage bottles. Many other types of products also use BPA in their manufacturing processes making it pervasive in the environment. The Food and Drug Administration (FDA) tested the safety of human contact with BPA and found that BPA is safe in its current application as a food and beverage packaging material. The FDA also concluded that BPA may pose a health concern for infants or others with low body weights and recommended that it be removed from bottles. In May 2015, BPA was added to the…

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