California Commercial Litigation and Business Counseling Law Firm
Specialized in Proposition 65
  1. On October 5, 2013, Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986) was amended to provide alleged violators a safe harbor for private Prop. 65 lawsuits. This safe harbor only applies to limited, specified exposures but could save an alleged violator from paying thousands of
    dollars per violation.

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  2. California’s Proposition 65 chemical list was recently updated on December 27, 2013.  The current list can be found on the Office of Environmental Health Hazard Assessment’s (OEHHA) website.

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  3. The California Attorney General’s office reports that, in the month of December 2012, the law firm of Miguel A. Custodio, Jr. served over thirty 60-day notices of violation on behalf of at least five citizens of the state of California.  Each of these notices of violation were targeted at businesses operating within the food service and alcoholic beverage industry.  The cited violations included the “knowing” and “intentional” sale of either “alcoholic beverages, when associated with alcohol abuse,”  “ethyl alcohol in alcoholic beverages,” or both without a clear and visible warning.

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  4. The chemical trichloroethylene, also known as TCE, a chlorinated solvent that was commonly used as a metal degreaser and in dry cleaning, has been reclassified as a "known human carcinogen" by the World Health Organization's International Agency for Research on Cancer.  During the month of October, a group of scientists met in France to review evidence and discuss the impact of TCE and other solvents.  The group concluded that TCE, which has been listed as a carcinogen under Proposition 65 since 1988, presented more than just a cancer hazard and was in fact carcinogenic to humans.   The group's evaluation is now included in the World Health Orginization's guidance regarding TCE and other chlorinated solvents.  

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  5. 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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  6. 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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  7. 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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  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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  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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  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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  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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  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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  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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  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