Legal Blog

In advance of the May 11, 2016 effective date of the Proposition 65 warning requirement for bisphenol A (BPA), the California Office of Environmental Health Hazard Assessment on March 17, 2016 proposed a safe harbor warning for BPA in canned and bottled foods and beverages through an emergency rulemaking procedure. OEHHA also separately has proposed a Maximum Acceptable Dose Level (MADL) for dermal absorption of BPA from solid materials of 3 micrograms per day. These regulatory actions are expected to provide guidance to the regulatory community and deter unnecessary and frivolous Proposition 65 enforcement actions involving BPA. On May 7, 2015, the Developmental…

ASTM International has published a Standard Guide for Making Sustainability-Related Chemical Selection Decisions in the Life-Cycle of Products, E3027-15. The guide "outlines sustainability factors for product manufacturers to consider when comparing alternative chemicals or ingredients across the life-cycle of a product," and is geared towards assisting manufacturers in complying with green chemistry laws like California's Safer Consumer Products Regulations. According to ASTM's press release: Michael Schmeida, chairman of ASTM’s Committee on Sustainability (E60), notes that the new standard provides guidance on how to perform an analysis of alternative chemicals that is now a regulatory requirement in U.S. states like California. An…

The National Institute for Occupational Safety and Health has released a draft Current Intelligence Bulletin - Health Effects of Occupational Exposure to Silver Nanomaterials for public comment. NIOSH will hold a public meeting in Cincinnati, Ohio on March 23, 2016, and will receive written public comments on the draft through April 22, 2016 (an extension of the original public comment deadline). NIOSH issues Current Intelligence Bulletins (CIBs) to share new scientific information about occupational hazards with representatives of academia, industry, organized labor, public health agencies, and public interest groups, as well as to federal agencies responsible for ensuring the safety and health…

On February 19, 2016, the California Office of Environmental Health Hazard Assessment announced its adoption of a Proposition 65 No Significant Risk Level (NSRL) of 146 micrograms per day for diisononyl phthalate (DINP). This means that exposures to DINP above 146 micrograms per day require a warning under Proposition 65. The NSRL, adopted as a formal regulation under Proposition 65, will be effective as of April 1, 2016. DINP is a plasticizer used in a variety of products and has been a favorite target among Proposition 65 private enforcers.  OEHHA listed the chemical as a carcinogen on December 20, 2013.  With…

The California Attorney General has released a revised proposal to amend that office's Proposition 65 settlement guidelines.  Public comments must be submitted by February 26, 2016. The Attorney General is authorized by statute to monitor and supervise Proposition 65 private enforcement.  With that authority, the AG has promulgated regulations governing, for example, the Certificate of Merit requirement and guidelines governing Proposition 65 settlements.  As GLO reported in a prior post, on September 25, 2015, the Attorney General published a proposal to revise the guidelines governing Proposition 65 settlements with the goal of increasing transparency and accountability in the settlement of private enforcement…