California Commercial Litigation and Business Counseling Law Firm
Specialized in Proposition 65
  1. OEHHA has recently added the chemicals alpha-methyl styrene and sulfur dioxide to the list of Prop 65 chemicals. Alpha-methyl styrene is described as “known to the state to cause reproductive toxicity” and sulfur dioxide is “known to the state to cause developmental toxicity.” These listings are effective as of July 29, 2011.

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    » ByAdmin, » Posted in Prop 65
  2. The Chanler Group and Consumer Advocacy Group (CAG) have served the majority of notices of intent to sue in late July and early August. The Proposition 65 listed chemicals the Chanler Group has concentrated on are Butyl Benzyl Phthalate (BBP), Di (2-ethylhexyl) phthalate (DEHP), and Di-n-butyl phthalate (DBP). CAG has focused on lead and cadmium.

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    » ByAdmin, » Posted in Prop 65
  3. C&F Partner Ross Hirsch has played an instrumental role in passing a new piece of bikers’ rights legislation spearheaded by Los Angeles City Councilman, Bill Rosendahl. The new ordinance, approved by Los Angeles City Council in late July, prohibits motorists from harassing cyclists, and awards successful complainants a minimum liability of $1,000, regardless of damages, in addition to lawyer fees. However, the ordinance does not provide for the driver’s legal fees, even if successful.

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    » ByAdmin, » Posted in Biker Rights
  4. Ross Hirsch has recently been reappointed as the Co-Chair of the Social Media and Technology Committee of the Los Angeles County Bar Association Environmental Section Executive Committee. He was originally appointed two years ago.

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    » ByAdmin, » Posted in Environmental Law
  5. The United States Court of Appeals for the Ninth Circuit recently released a monumental decision regarding the case, Natural Resources Defense Council, Inc, et al. v. County of Los Angeles, et al. The Plaintiffs, NRDC and Santa Monica Baykeeper, claimed that the Defendants discharged polluted stormwater runoff through its municipal separate storm sewer systems (MS4) into navigable waters in Southern California. The navigable waters in question consist of the Santa Clara River, the Los Angeles River, the San Gabriel River, and Malibu Creek, which are collectively known as “The Watershed Rivers” that feed into the Pacific Ocean. Thus, the Plaintiffs claim that the Defendants have violated the Clean Water Act, the nation’s chief water pollution control law. Although all parties agree that the water quality standards in the Watershed Rivers have been exceeded, the Defendants argue that there is no evidence that establishes their responsibility for the pollutants.

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    » ByAdmin, » Posted in Environmental Law
  6. Jul 25, 2011

    July Prop 65 Lawsuits

    The Proposition 65 lawsuits of early to mid July have been centered on Di (2-ethyhexyl) phthalate (DEHP) and Di-n-butyl Phthlate (DBP) in a variety of accessories such as shoes, cosmetic bags, keychains, journals, earbuds, and luggage tags, and in a variety of kitchen tools and household items. The groups issuing these notices of intent to sue include the Chanler Group and Consumer Advocacy Group, Inc (CAG).

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    » ByAdmin, » Posted in Prop 65
  7. In early June, the National Toxicology Program (NTP) removed biosoluble glass wool fibers used for home and building insulation from its list of possible carcinogens. Thus, a cancer warning label for the material is no longer required by federal law due to NTP’s decision.

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    » ByAdmin, » Posted in Environmental Law
  8. The Developmental and Reproductive Toxicant Identification Committee (DARTIC) voted at its July 12-13 meeting in Sacramento to list sulfur dioxide (SO2) as a Proposition 65 reproductive toxicant. Most of this well-known air pollutant’s exposure is through inhalation by individuals, and through occupational exposure in industrial settings, such as the use of SO2 as a pesticide.

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    » ByAdmin, » Posted in Prop 65
  9. Klamath Environmental Law Center (“Klamath”) and the Mateel Environmental Justice Foundation (“Mateel”) issued a 60 day notice of intent to sue American Valve, Inc., Fluidmaster, Inc., Gross Mechanical Laboratories, Inc., Midland Metal, Orchard Supply Hardware LLC, and West Marine, Inc.

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    » ByAdmin, » Posted in Prop 65
  10. The United States, France and Germany pulled the antidiabetes drug, Actos (pioglitazone), from the retail market last month, after the French Agency for the Safety of Health Products published a report that found 47 cases of bladder cancer linked to patients taking the drug. Last September, the US Food and Drug Administration (FDA) began a review of the drug and its potential risk of bladder cancer, using preliminary evidence from a Kaiser Permanente study. The FDA intends to continue monitoring the data until the 10-year study is finished.

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    » ByAdmin, » Posted in Prop 65
  11. A new study in the American Chemical Society’s Science & Technology journal has provided evidence that a banned hazardous flame retardant is still used in baby products.

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    » ByAdmin, » Posted in Prop 65
  12. In May 2011, 10 lawmakers sent letters to the Food and Drug Administration, demanding the organization to recall the “Brazilian Blowout” hair straightening treatment. The letters cited the formaldehyde, a known carcinogen to the State of California, in the product as unsafe. California Attorney General Brown filed a complaint against the manufacturers last year for failing to include a Proposition 65 warning for this ingredient on the product.

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    » ByAdmin, » Posted in Prop 65
  13. The implementation of Proposition 65 warnings in numerous Starbucks stores across California this year has served as a visual demonstration of Prop. 65 finally penetrating the food industry. These warnings in the world’s leading coffee chain specifically caution consumers of acrylamide, a chemical known to the State of California to cause cancer or reproductive toxicity. Acrylamide results from cooking, such as by roasting coffee beans or baking baked goods, and has been the focus of many new lawsuits targeting the food industry.

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    » ByAdmin, » Posted in Prop 65
  14. A number of non-profit organizations have concentrated their Proposition 65 lawsuits on two chemicals, lead and Di (2-ethylhexyl) phthalate (DEHP). Lead is known to the State of California to cause cancer and reproductive toxicity in both males and females; DEHP is known to cause cancer and developmental reproductive toxicity in males.

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    » ByAdmin, » Posted in Prop 65
  15. The research will consist of an alternative assessment that will compare lead and nonleaded alloys with respect to a number of physical properties, in addition to reviewing existing data on other properties. The California Metals Coalition has volunteered to provide resources as well as assistance with project coordination.

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    » ByAdmin, » Posted in Environmental Law