Legal Blog

DTSC Announces SCP Program Webinar on Food Packaging Evaluation

The California Department of Toxic Substances Control (DTSC) has announced it will hold a webinar on October 24, 2019 to present its initial findings from its food packaging evaluation under the Safer Consumer Products (SCP) Program. DTSC undertook this evaluation in connection with implementing its 2018-2020 Priority Product Work Plan. In that Work Plan, DTSC identified seven product categories that it intends to evaluate under its SCP Program authority as possible Priority Products. Priority Products are product-chemical combinations identified by DTSC through formal rulemaking. Once identified, Priority Products must undergo an alternative analysis assessment to ascertain if "safer" alternatives to…

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OEHHA Publishes Hazard Identification Document for Marijuana Smoke and THC

The California Office of Health Hazard Assessment has published its hazard identification document (HID), "Evidence on the Developmental Toxicity of Cannabis (Marijuana) Smoke and ∆9-THC." The HID, at over 400 pages, reviews a number of studies, including human epidemiological studies, examining potential reproductive toxicity effects of cannabis smoke and THC. The HID is being submitted to the Developmental and Reproductive Toxicant Identification Committee (DARTIC) in advance of its December 11, 2019 meeting to determine whether these substances should be listed under Proposition 65. The deadline for public comments on the HID is November 18, 2019, and may be submitted via…

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Take Two and Call Me In the Morning: OEHHA Publishes Proposition 65 Hazard Identification Document for Acetominophen

In announcing the December 5, 2019 meeting of the Proposition 65 Cancer Identification Committee (CIC), OEHHA has published its Hazard Identification Document for acetominophen. Publication of the HID begins the public comment period on the document; the deadline for comments is November 4, 2019. Members of the public also may provide oral comments at the meeting. Acetominophen is a widely used analgesic and antipyretic drug which first became available without a prescription in 1955. The HID, over 350 pages long, evaluates and summarizes a number of studies relating to this OTC drug. At the upcoming CIC meeting, committee members will…

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Illinois Bans BPA-Containing Receipt Paper

By Grimaldi Law Offices Summer Associate Cecilia Grimaldi Illinois has joined several jurisdictions in banning “thermal paper.” Under the new law, “thermal paper” is defined as paper with bisphenol A (BPA) added to the coating. Beginning January 1, 2020, no person can manufacture thermal paper in the state. Further, no person can distribute or use thermal paper made after January 1, 2020 to make business or banking records such as those recording receipts, credits, withdrawals, deposits, or credit or debit card transactions. However, the manufacture provision will not apply to paper containing recycled material. This prohibition on receipt paper containing…

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New York Court Invalidates Cleaning Product Ingredient Disclosure Requirements

On August 27, 2019, a New York judge struck down New York’s cleaning product ingredient disclosure program, finding that the program constituted a regulation and that it had not been promulgated in accordance with the State Administrative Procedure Act (SAPA). In 2018, the New York State Department of Conservation (DEC) drafted requirements entitled “Household Cleansing Product Information Disclosure Program.” Originally set to become effective in July 2019, with enforcement then pushed back to October 2019, the Disclosure Program imposed significant obligations on cleaning product manufacturers, including a requirement to disclose all intentionally added ingredients even if present only in trace…

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