Legal Blog

California Heavy Metals Testing for Cannabis May Usher New Prop 65 Claims

The California Bureau of Cannabis Control (CBCC) regulations require cannabis and cannabis products to undergo mandatory testing for certain chemicals. Beginning on December 31, 2018, the mandatory testing will include testing for the following heavy metals: lead, cadmium, arsenic, and mercury. The California Code of Regulations (CCR) prescribe the process for heavy metals testing. It provides that samples of cannabis or cannabis products should be analyzed to determine the existence of heavy metals and that the result will be reported as a pass or fail. A sample “passes” the heavy metal test if it does not exceed the action levels…

Read more

American Chemistry Council Opposes Designation of Polyurethane As A Priority Product

The American Chemistry Council (ACC) has requested that the Department of Toxic Substances Control (DTSC) reevaluate its decision to list spray polyurethane foam (SPF) as a priority product. The listing of a priority product under the Consumer Product program denotes that a product contains one or more chemicals of concern. The DTSC’s determination that SPF containing unreacted methylene diphenyl diiscoyanates (MDI) be identified as a priority product triggers a number of requirements, including notification to DTSC and performance of safer alternatives assessments. Ultimately, such assessments may result in further regulation of the priority product. According to DTSC, its action is…

Read more

Evaluating the Risks of Pesticides and Herbicide Exposure in Cannabis

The legal verdict that awarded Plaintiff Dewayne Johnson $289 million in damages after developing cancer from exposure to the popular herbicide Roundup is certain to have repercussions that extend beyond Monsanto’s liability. Glyphosate, the active substance in Roundup, is the most popular herbicide in the world. Glyphosate can be found in surface water, rainwater and soil. The finding that Monsanto “acted with malice and oppression” when selling Roundup to consumers may signal to other manufacturers that products that contain glyphosate and other chemicals of concern could be the next targets. One industry where exposure to herbicides and pesticides is a…

Read more

EPA Proposes Procedures for Identifying Chemicals to Prioritize for Risk Evaluations

Under the 2016 amendments to the Toxic Substances Control Act (TSCA), by December 22, 2019, the US Environmental Protection Agency (EPA) must designate at least 20 chemical substances as “high priority” and 20 chemical substances as “low priority.” Chemicals designated as high priority will undergo further risk evaluation, whereas those designated as low priority will not. EPA must finalize its risk evaluations within three years after formal identification of a chemical as a high priority substance, with an option to extend for 6 months. Risk evaluations for high priority chemicals are used to determine whether the substance poses an unreasonable…

Read more

New Report Concludes BPA Is Safe

The Consortium Linking Academic and Regulatory Insights on BPA Toxicity (CLARITY) was founded six years ago by the National Institute of Environmental Health Sciences, the National Toxicology Program, and the FDA to determine the safety of BPA. The much-anticipated results from the CLARITY-BPA Core Study were released on September 2018. Now the U.S. National Toxicology Program (NTP) has submitted its final report on the study indicating that BPA does not cause adverse health conditions in people who are exposed to the chemical. What is BPA? BPA (otherwise known as bisphenol A) is a chemical used to make certain plastics and…

Read more