Legal Blog

OEHHA Takes First Step To List Cannabis Related Substances As Reproductive Toxicants

California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that it has selected cannabis and its related products, including cannabis smoke, cannabis extracts, and THC for review by the Developmental and Reproductive Toxicant Identification Committee (DARTIC) for listing under Prop 65. Consistent with required procedures, the agency is looking at hazard identification materials and seeking for relevant data about the potential reproductive toxicity of cannabis and related substances.  “Hazard identification materials” are publicly available for consideration and comment before the DARTIC renders a decision to list or not list the substances.       The DARTIC, with the Cancer Identification Committee, comprises…

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EPA Considers Stricter Regulation of PFAS Regulation

The Environmental Protection Agency recently announced a plan to evaluate the regulation of per- and polyfluoroalkyl (PFAS) substances. The PFAS Action Plan is a culmination of the Agency’s previous commitment to consider the need for additional regulation of this large class of chemicals. PFAS are chemicals used in various consumer, commercial and industrial products, such as carpeting, apparels, upholstery, food wrappers, fire-fighting foams and metal plating. PFAS are known for their heat, water and oil resistant properties. Exposure to PFAS has been linked to growth, learning and behavioral problems, interference with natural hormones, and an increased risk of cancer. The…

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Federal Government Halts Regulation of Toxic Chemicals

In 2016, Congress authorized the Environmental Protection Agency (EPA) to aggressively pursue toxic chemical regulation through the amendments of the federal Toxic Substances Control Act (TSCA). This was the first time in many years that the EPA’s authority to evaluate and regulate chemicals of concern was expanded. Since that time, significant action on several prominent agenda items - namely restricting the use of certain chemicals in consumer products – has been tabled or abandoned. The significant shift in the regulatory authority and philosophy of the EPA has been a prominent development of the Trump Administration. The EPA, under Trump, has…

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EPA Announces Update of TSCA Chemical Inventory

On February 19, 2019, the US Environmental Protection Agency (EPA) issued an update to the Toxic Substances Control Act (TSCA) Chemical Inventory. According to the update, less than half of the chemicals on the TSCA inventory (or 47 percent) are currently being used in commerce (and therefore are designated as “active”). This update is important in guiding the EPA in its risk analysis efforts in the future, and also triggers the requirement for manufacturers and processors to inform EPA that a chemical has been incorrectly designated as “inactive” in commerce. The designation of chemicals as active in commerce is based…

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California Repeals Flammability Standard for Furniture Used in Public Spaces

On January 22, 2019, California’s Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation repealed Technical Bulletin 113  (TB 133), which set standards for flammability for upholstered seating in public spaces. The action was praised by leading furniture manufacturers as well as some safety advocacy groups. The repeal was prompted by two factors. First, TB 133, “The Flammability Test Procedure for Seating Furniture for Use in Public Occupancies,” was established in 1991, but has been superseded by the revised TB-117-2013 (an updated version of the previous flammability standard, TB-117). The repeal was seen as necessary since the two…

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