NEWS

9th Circuit Says that Prop. 65 Defendant Can Support First Amendment Claim Based on Allegations that Prop. 65 Plaintiff's Sham Claims

The Ninth Circuit Court of Appeal has largely upheld a lower court decision in Embry v. B&G Foods North American Inc., dismissing a Proposition 65 defendant's first amendment deprivation claim.

FYI Column: April 2022

Here is this month's roundup of recent news articles of interest.

EPA Proposes First Risk Management Rule Under TSCA By Banning Ongoing Uses of Asbestos

U.S. EPA is proposing to ban ongoing uses of chrysotile asbestos—the only form of the substance currently imported into the U.S.

OEHHA Proposes Additional Changes to Short Form Warning Regulations

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a second set of revisions to its proposal to limit the use of the "short form" alternative to the usual Proposition 65 safe harbor warning.

Prop. 65 60-Day Notices Roundup and Analysis: February 2022

In the month of February, there were a total of 226 60-day notices of violation filed with the California Attorney General's office.

OEHHA Modifies Earlier Proposal to Establish Safe Harbor Warning for Glyphosate

Last July the Office of Environmental Health Hazard Assessment proposed Proposition 65 "safe harbor" warning language that could be used by manufacturers and users of products containing the listed carcinogen glyphosate.

OEHHA Recommends Water Monitoring Standard for a PFAS-Class Chemical

The Office of Environmental Health Hazard Assessment (OEHHA) has proposed a drinking water monitoring guideline for perfluorooctane sulfonic acid (PFHxS)—a member of the per- and polyfluoroalkyl substances (PFAS) class of chemicals.

60-Day Notices Roundup and Analysis: January 2022

In the month of January 2022, there were a total of 188 60-day notices of violation filed with the California Attorney General's office.

FYI Column: March 2022

Here is a roundup of recent news articles that may be of interest to Prop. 65 Clearinghouse readers.

EPA Revises Guidelines for Making Corrections to the TSCA Inventory

U.S. EPA is phasing out its July 1980 process for requesting corrections to the Toxic Substances Control Act (TSCA) Inventory.

EPA Announces Updates to Mercury Reporting Rule

U.S.EPA has announced the release of the updated Mercury Electronic Reporting (MER) application and compliance guide for calendar year 2021 data reporting.

Legislature Makes Appointments to New Board of Environmental Safety

The Legislature has appointed two members to the new Board of Environmental Safety, which will oversee activities by the California Department of Toxic Substances Control (DTSC).

State Water Board Floats New Chromium-6 Drinking Water Standard

The State Water Resources Control Board (SWB) has proposed setting the first-ever drinking water standard chromium-6 for, or hexavalent chromium, five years after a legal dispute led it to withdraw the same proposed standard.

DTSC Finalizes Listing PFAS Textile and Leather Treatments as SCP Priority Product

The Department of Toxic Substances Control has announced that it is finalizing the listing of Treatments Containing Perfluoroalkyl or Perfluoroalkyl substances (PFAS For Use on Converted Textiles or Leathers (PFAS Treatments)), as a Priority Product pursuant to the Department's Safer Consumer Products program (SCP).

OEHHA Lists PFOS as Carcinogen Under Prop. 65

The Office of Environmental Health Hazard Assessment (OEHHA) has listed perfluorooctane sulfonic acid (PFOS) and its salts and transformation and degradation precursors as a carcinogen under Proposition 65.

OEHHA Seeks Data for Possible Listing of Bisphenol-S Under Prop. 65

The Office of Environmental Health Hazard Assessment (OEHHA) has directed its Developmental and Reproductive Toxicant Identification Committee (DARTIC) to review the phthalate bisphenol-S (BPS) for possible listing under Proposition 65.

Appellate Court Rules that Amazon Cannot Avoid Prop. 65 Warning Requirement As An Internet Platform

The First District Court of Appeal has held that Amazon can be sued for failing to provide a Proposition 65 warning for a product sold on its marketplace website, despite the existence of Federal law that shields internet providers from liability over third party provided information.

Ninth Circuit Finds That CalChamber Is Likely To Succeed in First Amendment Argument Against Prop. 65 Warning Requirement

A three judge panel of the Ninth Circuit Court of Appeal has rejected a Proposition 65 plaintiff group's effort to block a preliminary injunction issued by a U.S. District Court Judge preventing the group from filing Prop. 65 suits over a lack of warning on products containing acrylamide.

AG Sues Oakland Foundry Sued for Lack of Prop. 65 Warning

Attorney General Rob Bonta has announced that his office has sued an East Oakland foundry for failing to warn its neighbors of exposure to hexavalent chromium—a Proposition 65 listed carcinogen and reproductive toxicant.

AG Targets Dried Fruit and Candy Products Containing Lead

Attorney General Rob Bonta's office has issued a consumer alert warning retailers against selling 17 named dried plum fruit and candy products that the AG contends contain excessive levels of lead.