Manufacturers of Talc Products May Face Liability Under Prop 65

January 21, 2019
Ann Grimaldi

Products that contain talc have been the target of decades of litigation alleging that the chemical causes asbestos related injuries and ovarian cancers in users. Johnson & Johnson, one of the leading producers of talc products, currently faces over 11,000 lawsuits related to these claims in California and other states. The majority of these lawsuits allege that users of talc products developed ovarian cancer from exposure to talc. Proposition 65 Lawsuits Targeting Talc California’s right-to-know laws may represent a new avenue for litigation against talc product manufacturers. In California, talc containing asbestiform fibers is listed as a carcinogenic substance. Now…

New Chemicals Program Under TSCA Faces Criticism

January 17, 2019
Ann Grimaldi

The new chemicals program under the Toxic Substance Control Act (TSCA) is facing growing criticism from both industry leaders and consumer advocacy groups. Industry representatives claim that the review process is slow and inefficient and that the Environmental Protection Agency (EPA) is targeting too many substances for use restrictions. At the same time, consumer advocate groups have criticized the agency for a lack of thoroughness in conducting mandatory reviews of the safety of new chemicals. Critics have also said that the streamlined review process may allow approval of a chemical for one use without a comprehensive review of the chemical’s…

OEHHA Issues Notice of Intent for Cancer Drug

January 14, 2019
Ann Grimaldi

The California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of intent to list bevacizumab as a substance known to cause reproductive toxicity under Proposition 65. Bevacizumab is prescribed for the treatment of certain cancers, including metastatic colon cancer. It is a vascular endothelial growth factor-directed antibody. The drug has been identified as causing a risk of reproductive harm by the US Food and Drug Administration (FDA). The label accompanying bevacizumab notes that use of the drug may increase the incidence of ovarian damage and cause harm to an affected fetus. OEHHA’s listing of bevacizumab falls under the…

FDA Plans to Ban Lead Acetate in Hair Dye

January 10, 2019
Ann Grimaldi

On October 30, 2018, the US Food and Drug Administration (FDA) announced a final rule that prohibits the use of lead acetate as a color additive in hair dye. The basis of the rule, according to the FDA, is a petition submitted in April 2017 presenting recently available information that lead acetate in hair dye may cause harm to the user. In 1980, the FDA had approved the use of the chemical for hair coloring and set a maximum concentration level at 0.6%, but did not establish limits for how often the product can be used and what quantities are…

EPA Delays Proposal Prohibiting Use of Studies that Withhold Data

January 7, 2019
Ann Grimaldi

The Environmental Protection Agency (EPA) has postponed the finalization of a proposal that would preclude the agency from relying on scientific studies that do not publicize the data upon which the research is grounded. This rule, if finalized, could be problematic for the development of future regulations since research initiatives often include trade secrets, sensitive business information, and even personal health information, all of which are intended to be kept confidential while being used to enhance policymaking goals. Several prominent studies have relied on the use of confidential information, such as a study conducted by Harvard University in 1993 that…