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House Bill Proposes Banning Ingredients and Providing Disclosure for Personal Care Products

The House of Representatives introduced new legislation to enhance disclosure of ingredients used in personal care products. Known as the Safe Cosmetics and Personal Care Products Act of 2018 (HR 6903) (the Act), the legislation seeks to both reveal the presence of known chemicals of concern in cosmetics products and ban certain ingredients from these products. Advocacy groups and many legislators welcome this legislation as an attempt to enhance the FDA’s ability to oversee cosmetics, which has been met with mixed success in the past. The bill is currently under review in the House Committee on Energy and Commerce. The…

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When Do Aloe Vera Products Require Warnings?

As of December 2016, products sold in California containing “Aloe-vera, non-decolorized whole leaf extract” must contain clear and reasonable warnings in accordance with Proposition 65. This requirement follows the addition of this substance to the list of chemicals maintained by the California Office of Environmental Health Hazard Assessment (OEHHA) in December 2015. In its listing, OEHHA expressly identified Aloe-vera, non-decolorized whole leaf extract as “a natural constituent,” but it has yet to be determined whether the naturally-occurring chemical exemption would apply in a Proposition 65 challenge. What is Aloe Vera? The Aloe vera plant contains complex components. During the course…

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OEHHA Announces Proposal for Determining Reproductive Toxicants in Food Products

The California Office of Environmental Health Hazard Assessment (OEHHA) has proposed an amendment to an existing regulation governing the assessment of the daily intake of listed chemicals known to cause reproductive toxicity in food products. The proposal would amend Title 27, Cal. Code of Regulations, Section 25821 subsections (a) and (c)(2), Level of Exposure to Chemicals Causing Reproductive Toxicity. The effect of the proposal, if approved, would be the implementation of more exacting standards for food companies subject to Proposition 65. Food manufacturers face the possibility of new testing procedures and increased difficulty in complying with safe harbor regulations if…

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TSCA Fees Set to Increase

As part of the new Toxic Substances Control Act (TSCA) fees rule, manufacturers will have to pay higher fees to the Environmental Protection Agency (EPA) for new chemical substance applications. The new fees, effective as of October 1, 2018, apply to the following activities: (i) test orders, test rules and consent agreements under Section 4, (ii) notices and exemptions under Section 5, and (iii) risk evaluations under Section 6 (including EPA-initiated risk evaluations, manufacturer-initiated risk evaluations for chemicals on the TSCA Work Plan and manufacturer-initiated risk evaluations for chemicals not on the TSCA Work Plan). The final rule echoes in…

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Retail Company Halts Sales Due to Prop 65 Warnings

The rigorous requirements under Proposition 65’s recent regulatoryamendments may have some retailers taking extreme measures to avoid violating the statute. BJ’s Wholesale Club – a leading warehouse club chain in the Northeast - has decided to halt online sales to California consumers. The decision is believed to stem from concerns that the retail giant is not yet in compliance with updated online warning requirements under the new Proposition 65 safe harbor warning regulations. BJ’s stores are primarily located on the East Coast. The company has no physical locations in California but sells online products to consumers all over the country,…

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