Legal Blog

OEHHA Publishes Definition of Nickel

On May 2, 2019, California’s Office of Environmental Health Hazard Assessment (OEHHA) published a definition of nickel (soluble compounds) under Proposition 65. OEHHA’s notice defines nickel (soluble compounds) as compounds of nickel with solubility in water of greater than 0.1 moles per liter at 20 degrees Celsius. OEHHA initially added nickel (soluble compounds) to the Prop 65 list as a chemical known to cause reproductive toxicity in October 2018, but did not define “soluble.” Warnings for exposures to nickel (soluble compounds) will be required in California as of October 26, 2019. Before placing nickel (soluble compounds) on the Proposition 65…

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NGOs Propose Moratorium on New PFAS

Congress has been urged by a US based NGO to suspend the introduction of new per- and polyfluoroalkyl substances (PFAS) pending the release of information about their toxicity in the environment. The request was triggered by a review of chemical data reporting that revealed that the number of PFAS found in large quantities in the United States has soared. According to the Public Employees for Environmental Responsibility (PEER), the number of PFAS classes has climbed from 786 in 2002 to 118 during the period from 2012-2015. This spike comes as a result of an industry pledge to limit the use…

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EPA Releases Proposal for Reviewing Certain Confidential Business Information under TSCA

The EPA released a proposed rule for procedures for verifying certain claims of confidentiality for chemical identity and the processes for EPA review of those claims. The goal of the proposed rule is to ensure that when a company asserts the identity of a chemical as confidential business information (CBI), it conforms to the criteria for CBI under the Toxic Substances Control Act (TSCA). The proposed rule pertains to CBI claims for particular chemicals determined as “active” pursuant to the TSCA Inventory Notification Rule. The TSCA Inventory Notification Rule mandated that companies notify the EPA about the chemicals on the…

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TSCA Imposes Labeling Requirements for Composite Wood Products

Composite wood products are now subject to specific labeling requirements under federal law. The Formaldehyde Emission Standards for Composite Wood Products Act of 2010 (Act), which added Title VI to the Toxic Substances Control Act (TSCA), established standards for formaldehyde emissions from composite wood products, and essentially adopted the same standards as those imposed by the California Air Resources Board (CARB). The Act also authorized the EPA to issue a final rule enforcing certain measures related to composite wood products. In December 2016, the EPA published a final rule designed to lower exposure to formaldehyde from certain wood products made…

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Will Possible Listing of THC and Cannabis Stigmatize California’s New Cannabis Industry?

California’s cannabis industry has seen tremendous growth in the past few years, but its continued prosperity will hinge in some part on the possible listing of THC and cannabis on the Proposition 65 chemical list. Cannabis products may become subject to these regulations, and those in the cannabis industry should understand the legal and regulatory issues for compliance. In 2009, California added “marijuana smoke” as a listed chemical known to the State to cause cancer.  The report of the Office of Environmental Health Hazard Assessment (OEHHA) determined that there is some evidence from studies in humans that marijuana smoke is…

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