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Are We Seeing The Beginning of Proposition 65 “Bad Warning” Claims?

When the California Office of Environmental Health Hazard Assessment (OEHHA) entirely revamped the Proposition 65 safe harbor warning regulations in August 2018, legal practitioners warned that those changes could trigger a wave of “bad warning” enforcement actions. That prediction appears to be coming true. OEHHA’s new safe harbor warning regulations impose a number of new requirements, including the requirement that online warnings be provided for those products that bear warnings and are sold online. This requirement seems to be becoming an attractive target for private enforcers: in recent Proposition 65 Notices of Violation (NOVs), the alleged failure to provide online…

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The Glyphosate Debate: EPA Takes Aim At Proposition 65

By Grimaldi Law Associate Jennifer Singh On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published guidance stating that, under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), it refuses to approve “false and misleading” warning labels on pesticide products that say the chemical glyphosate causes cancer. Glyphosate, the active ingredient in the weed killer, Roundup, is the most widely used herbicide in the United States and is used on more than 100 food crops as well as for various non-agricultural needs. As part of its statement, EPA criticized the International Agency for Research on Cancer’s determination that glyphosate…

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OEHHA Publishes Fact Sheet on Chloroprene

The California Office of Environmental Health Hazard Assessment (OEHHA) has published a chloroprene fact sheet on its Proposition 65 warnings website. Chloroprene is a Proposition 65-listed carcinogen and is used to make neoprene, a synthetic rubber used in a number of consumer products including certain apparel. Notably, the fact sheet explains that “[u]sing neoprene products is unlikely to cause exposure to chloroprene. Levels of chloroprene in most neoprene products are very low.” The OEHHA warning website, which is relatively new, is intended to assist consumers in understanding Proposition 65 warnings. Indeed, safe harbor warnings now must include the URL for…

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OEHHA Finalizes Safe Harbor Warning Regulations for Rental Vehicles

On July 1, 2019, the California Office of Environmental Health Hazard Assessment (OEHHA) finalized regulations for safe harbor warnings for rental vehicles. These regulations are codified at Title 27, California Code of Regulations, Sections 25607.36 and 25607.37, and go into effect on October 1, 2019. Under these safe harbor warning regulations, warnings for exposures to listed chemicals from rental vehicles must be transmitted by one or more of the following methods: Printed in the rental agreement or on the rental ticket jacket. Provided on a hang tag which is hung from the rear-view mirror in the rental vehicle. Provided on…

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USEPA Gets The Lead Out

By Grimaldi Law Offices Summer Associate Cecilia Grimaldi On June 21, 2019, USEPA announced it will implement stricter standards for lead dust on floors and window sills in order to minimize exposure to young children. These standards will take effect on January 6, 2020. The new standards, promulgated under the Toxic Substances Control Act, support the Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts (Federal Action Plan). The Federal Action Plan “is a blueprint for reducing lead exposure and associated harms through collaboration among federal agencies with a range of stakeholders, including states, tribes and local…

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