Ann Grimaldi

by Aisha Keown-Lang A larger than usual number of products, thirty-five in total, were targeted last week in Notices of Violation for Proposition 65 private enforcement, and for a wider variety of chemicals than usual. Other than the usual phthalates and lead/lead compounds, targeted chemicals included acrylamide, cadmium, bisphenol A (BPA), and diethanolamine. The largest class of targeted products this week was dietary supplements, with a total of eight targeted supplements.  Whereas for the last several years the Environmental Research Center (ERC) has been the most active private enforcer for dietary supplements, there appears to be a new enforcer in…

On February 9, 2018, the California Department of Toxic Substances Control (DTSC) released its draft 2018-2020 Priority Product Workplan. The Workplan, once finalized, will serve as the starting point for DTSC to select Priority Products under its Safer Consumer Product (SCP) Program. Written comments on the draft will be accepted beginning February 12, 2018, with a deadline of March 9, 2018. DTSC also will hold a public workshop on the draft Workplan on February 26, 2018 at Cal/EPA headquarters in Sacramento. Under the SCP Program, DTSC identifies product and chemical of concern combinations - i.e., Priority Products - via formal…

By Aisha Keown-Lang A California state judge will soon decide whether coffee will require Proposition 65 warnings. The lawsuit in question, filed by Council for Education and Research on Toxics (CERT) in 2010, claims that dozens of coffee suppliers and retailers failed to provide clear and reasonable Proposition 65 warnings for acrylamide, a Proposition 65-listed carcinogen that is formed during the coffee roasting process. If CERT succeeds, cancer warnings could be required on cups of coffee or shops that sell coffee, and coffee retailers could face high fines for failure to comply. Two defendants, BP West Coast Products and Yum…

By Jennifer Karpinski Singh In December 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) released Proposition 65 guidance for website and catalog safe harbor warnings. The guidance, in the form of questions and answers, is intended to clarify the new safe harbor warning requirements that will become fully effective on August 30, 2018. As an initial note, businesses are not required to comply with OEHHA’s safe harbor provisions and are technically free to use any warning text and method of transmitting warnings in order to comply with Proposition 65 – as long as the warnings are “clear and…

On both the regulatory and the enforcement sides, December 2017 was marked by significant Proposition 65 activity. On the regulatory side, the California Office of Environmental Health Hazard Assessment (OEHHA) finalized amendments to the new warning regulations and issued guidance interpreting the new regulations on internet and catalog warnings. The agency also listed new chemicals, proposed a warning level, and issued a Safe Use Determination. And the holiday season had no significant slowing effect on the issuance of Notices of Violation: 185 NOVs were served in December. In a significant development, key players in the chocolate industry have entered into…