Legal Blog

As the August 30, 2018 effective date of the new Proposition 65 warning regulations approaches, suppliers of product labels and facility signs are stepping up their offerings of Proposition 65 warning stickers and signage. It’s tempting for businesses to purchase these convenient, ready-made stickers and signs but relying on them may get businesses in trouble. Companies seeking to comply with Proposition 65’s warning requirements should not purchase these blindly but should double check these carefully against the new warning regulations to confirm that they are compliant. Mass-produced Proposition 65 warnings have been available for years but many of them have…

Bisphenol-A (BPA) is a chemical that is widely used to line food containers and beverage bottles. Many other types of products also use BPA in their manufacturing processes making it pervasive in the environment. The Food and Drug Administration (FDA) tested the safety of human contact with BPA and found that BPA is safe in its current application as a food and beverage packaging material. The FDA also concluded that BPA may pose a health concern for infants or others with low body weights and recommended that it be removed from bottles. In May 2015, BPA was added to the…

Under the Safe Drinking and Toxic Enforcement Act of 1986 (Proposition 65), the state of California is required to publish the names of chemicals that are linked to the development of cancer and reproductive toxicity. The list must be revised at least once per year to add new chemicals that meet the criteria under the statute based on the availability of additional information. According to the statute, there are four different methods for adding a chemical to the Proposition 65 list. Labor Code The list of chemicals must include those referenced in the Labor Code Section 6382(b)(1), which includes, among…

The new regulations that go into effect on August 30, 2018 under California Proposition 65 (Prop 65) will impose significant changes in a variety of industries. Proposition 65 requires businesses to provide “clear and reasonable” warnings prior to exposing individuals to chemicals on the Proposition 65 list. The new warning regulations, representing the first significant set of regulatory revisions in 30 years, contain new warnings for hotels that are designed to be clearer and more informative. As with all businesses affected by the amended regulations, hotels and other lodging establishments should become familiar with the new regulations ahead of the…

Under the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65), vinylidene chloride was listed as a carcinogen as of December, 2017. The Office of Environmental Health Hazard Assessment (OEHHA) adopted an amendment in May 2018 that establishes a No Significant Risk Level (NSRL) of 0.88 micrograms per days for vinylidene chloride under Prop 65. The new regulation will take effect on July 1, 2018. What is Vinylidene Chloride?   Vinylidene chloride is used for organic chemical synthesis, according to the Environmental Protection Agency. Some applications for vinylidene chloride include the manufacturing of polyvinylidene…