Ann Grimaldi

The amendments to the Safe Drinking Water and Toxic Enforcement Act (Prop 65) warning regulations impose new requirements on many different products, including common food and drinks. Increasing attention has been focused on food and beverage ingredients such as acrylamide in coffee, baked goods and chips; furfuryl alcohol in baked goods, coffee and milk; and alcohol. The food and beverage industry has been significantly affected by litigation for violations of Prop 65 including lawsuits against fast food establishments and dietary supplement manufacturers. These companies face a unique hurdle: consumers presume that the products they eat are safe for consumption and…

The Safe Drinking Water and Toxic Enforcement Act (Prop 65) prohibits businesses with 10 or more employees from exposing Californians from chemicals listed in the statute without providing “clear and reasonable” warnings. The Prop 65 list contains over 900 chemicals that are known to cause cancer or reproductive harm. A listed chemical requires a warning under Prop 65 unless the alleged exposure is shown to be below the “no significant risk level” (NSRL) for a listed carcinogen, or below the “maximum acceptable dose level” (MADL) for a listed reproductive toxicant. Who May Initiate an Enforcement Action? Enforcement actions for Prop…

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…

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…

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,…