Legal Blog

In a single week this month, a new Proposition 65 plaintiff, Michael Murphy, has issued almost 700 Proposition 65 Notices of Violation to medical cannabis dispensaries located throughout California. Mr. Murphy, who in some of these notices is identified as a manager of Clean Cannabis Initiative, LLC, alleges that certain medical cannabis edibles and smokable products contain the pesticides myclobutanil, carbaryl and malathion. Myclobutanil is a Proposition 65-listed reproductive toxicant, added to the list in 1999. Carbaryl was added to the Proposition 65 list as a carcinogen in 2010. In an interesting twist, malathion was added to the Proposition 65…

LifeScienceRisk (LSR) has announced that it now offers Proposition 65 insurance coverage for the herbal product and dietary supplement industry. Developed in collaboration with the American Herbal Products Association (AHPA), LSR is the first insurance company to offer Proposition 65 specific insurance for this industry, which can be bundled on top of another more comprehensive insurance policy. The coverage is offered with a choice of limits and deductibles to fit a range of budgets. Insurance coverage for Proposition 65 claims has always been problematic. At least one court has concluded that there is no coverage under commercial general liability policies…

On May 10, 2017, the California Office of Environmental Health Hazard Assessment announced that it has extended the public comment period for the proposed Proposition 65 No Significant Risk Level for glyphosate. The public comment period now closes on June 21, 2017. A public hearing on the proposed NSRL is scheduled for June 7, 2017. This is attorney advertising. Please see disclaimer.

The California Department of Toxic Substances (DTSC) has extended the comment period on the proposal to list polyurethane foam systems containing unreacted methylene diphenyl diisocyanates (MDIs) as a Priority Product from May 16, 2017 to June 6, 2017. DTSC designates Candidate Chemicals and Priority Products in accordance with the Safer Consumer Products Regulations. If polyurethane foam systems with unreacted MDIs become a Priority Product, responsible entities will be required to evaluate whether the Candidate Chemical (unreacted MDIs) is necessary to the product and whether there is a safer alternative. More details concerning the proposed regulation can be found here. A public…

On March 28th, 2017, the Office of Environmental Health Hazard Assessment (OEHHA) decided that glyphosate will be listed under California’s Proposition 65 as a carcinogen. The effective date of the listing will depend on the outcome of an appellate decision as described further below. OEHHA has also proposed adopting a Proposition 65 No Significant Risk Level (NSRL) of 1100 micrograms per day for glyphosate. Comments regarding the proposed NSRL must be received by OEHHA on May 22, 2017 by 5:00 pm. All comments received will be posted on the OEHHA website after this public commenting period closes. Under Proposition 65, businesses…