Prop 65 updates from our partners at Arent Fox



Prop 65 Counsel: What To Know


Letter: Require Companies to List Ingredients

It’s obscene that federal law supports a labeling loophole that protects manufacturers from having to disclose unintentional ingredients. I highly doubt the people who got cancer (and now an enormous financial settlement) from Johnson & Johnson’s talc care that the asbestos in it wasn’t intentional.


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Prop 65 Safe Harbor Warnings Creating Supply Chain Friction

Chemical Week / February 11, 2019

Changes to California’s Prop 65 safe harbor warnings is creating “angst” along the supply chain, with often low-end products as varied as dry roasted peanuts and folding canes being targeted by serial filers.


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“Coffee Cancer Warning” is the Craziest Lawsuit of 2018

Banyan Hill / January 19, 2019

Last year, a state judge ruled in favor of a group of lawyers that’s suing 90 coffee sellers across the state. The lawyers claim the businesses failed to warn customers about the risk of cancer from coffee.


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California’s Cancer Warnings: What are the Real Risks?

Loma Linda University Health / January 25, 2019

If you live in California, cancer warnings seem to be lurking around every corner — on grocery store shelves, at the gas pump or even in the window of your favorite coffee shop.


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Prop 65 Clearinghouse



Governor Brown Makes Several Appointments to Prop. 65 Science Boards

Prop 65 Clearinghouse / January 19, 2019

As one of his last actions as Governor, Jerry Brown made a number of appointments to various state agencies, boards, and other entities—including several appointments to the two science advisory boards responsible for chemical listing recommendations under Proposition 65. The appointments were made to the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant Identification Committee (DARTIC).


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DTSC Names Methylene Chloride Strippers SCP Priority Product

Prop 65 Clearinghouse / January 20, 2019

The Department of Toxic Substances Control has formally designated paint and varnish strippers containing methylene chloride as a Priority Product under the Department’s Safer Consumer Products (SCP) program. The designation will require manufacturers of these products to commence a process of analyzing possible alternatives if they wish to continue to use the products in California.


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OEHHA Creates Framework to Track Progress on Human Right to Water

Prop 65 Clearinghouse / January 28, 2019

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a draft framework to help the State Water Resources Control Board (SWB) harness and analyze data as it works to ensure that everyone in the state has access to clean drinking water.


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OEHHA Notices



Cases Interpreting Proposition 65

January 25, 2019

The following is a list of cases related to the Safe Drinking Water and Toxic Enforcement Act 1986 (commonly known as Proposition 65).  It is provided for informational purposes only and should not be considered legal advice.  This list is not exhaustive, but it includes many of the seminal cases dealing with various aspects of the implementation and enforcement of the law.  This list is updated infrequently, so the reader is advised to check for more current cases or recent history on those cited below.  If you have comments or questions on this list, please contact the Office of Environmental Health Hazard Assessment Legal Unit at (916) 327-8357.


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Amendment to Section 25705 No Significant Risk Level for Bromochloroacetic Acid

February 13, 2019

On February 5, 2019, the Office of Administrative Law approved the amendment of Title 27, California Code of Regulations, section 25705, to add a No Significant Risk Level for the chemical bromochloroacetic acid.  The regulation will be effective on April 1, 2019.  This regulation establishes a No Significant Risk Level of 0.70 micrograms per day for bromochloroacetic acid for purposes of Proposition 65.


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