Proposition 65 Search - Complaints, Settlements

News Breakers

Wendy Crittenden, Content Editor
On February 26, 2010, California's Office of Environmental Health and Hazard Assessment (OEHHA) issued a notice of intent (NOI) to list acrylamide as a reproductive or developmental toxicant under Proposition 65. OEHHA is also proposing a maximum allowable dose level (MALD) of 140 micrograms per day. The chemical, which forms naturally in starchy foods when cooked at high temperatures by a process called the Maillard reaction, has already been listed by OEHHA as a carcinogen with a no significant risk level of 10 micrograms per day.

The new listing will not affect the litigation concerning the presence of acrylamide in snack foods and cereals [see AG, EWW File New Round of Acrylamide Cases, August 2009].

Comments on the proposed listing and MADL are due Tuesday, April 27. Contact Susan Luong at sluong@oehha.ca.gov.
Wendy Crittenden, Content Editor
Recent attention at NRDC's petition for OEHHA to list Bisphenol-A (BPA) as a reproductive toxicant under Prop. 65 has emphasized the chemical's presence in water and baby bottles, the lining of canned food, and its effect on children and newborns. Last November, however, results were revealed of a 5-year study by Kaiser Permanente epidemiologist Dr. De-Kun Li and other scientists, focusing on the men working in Chinese factories that made and/or used the chemical. It was found that the men who were exposed to high levels of BPA at work, about 50 times higher than the average American male, had a greater chance of experiencing sexual dysfunction. Reduced sexual desire and sexual satisfaction were 4.5 times more likely and problems with ejaculation were 7 times more likely in the BPA exposed workers, a result of the chemical's ability to block testosterone function in men.

These findings reflect the results of BPA studies on animals, in which BPA was shown to disrupt the bodies endocrine system. Dr. Li's study was the first to show the adverse effects of BPA on the human reproductive system. [Sources: SF Chronicle and NPR.org]

Recent Prop 65 Settlements

Held v. Navajo Manufacturing

Court: Los Angeles
Date Filed: 12/23/2008
Number: BC404532
Source: Children's Sport Toys
Chemical: Di(2-ethylhexyl)phthalate
    Defendant: Navajo Manufacturing Company
    Settled in Court: 03/05/2010
    Injunctive Relief: Warnings
    Total Payments: $53,000.00
    Civil Penalty: $0.00
    Attorneys Fees: $33,000.00
    Other Payments: $20,000.00

CEH v. Dollar Tree Distribution, Inc. et al.

Court: Alameda County
Date Filed: 12/16/2008
Number: RG 08-425739
Judge: Winifred Y. Smith
Chemical: Lead and lead compounds
See All Prop 65 Settlements — Last 3 Months
Past Issue: January 2010
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Litigation Report
Dennis Pfaff, Special Correspondent
An Alameda Superior Court judge has found in favor of a number of companies that had contended their swimming pool testing kits did not contain the precise chemical identified in a Proposition 65 lawsuit against them.
Regulatory Report
Roger Pearson, Special Correspondent
OEHHA has decided not to list two pesticides as carcinogens using the Prop. 65 "authoritative body" process after concluding that the authoritative body in question (U.S. EPA) has changed its classification for the substances. The two are clodinafop-propargyl (105512-06-9) and metofluthrin (CAS #240494-70-6).
Roger Pearson, Special Correspondent
Debates over additions to the Proposition 65 list of carcinogens and reproductive toxicants are usually dry affairs; featuring complex dueling scientific claims. However, the occasional listing proposal brings out a more impassioned debate that relies on emotion and equity as much as science. Such is the case with OEHHA's decision to seek the possible listing of fluoride by the Proposition 65 Carcinogen Identification Committee (CIC).
Roger Pearson, Special Correspondent
In addition to fluoride, OEHHA sought information on four other high priority candidate carcinogens in its October notice. It received comments on three of these, pefluorooctanoic acid (PFOA), 1,3-dichloro-2-propanol (1,3-DCP), and 3-Monochloropropane (3-MCPD). The only candidate chemical for which no information was provided was Diisononyl phthalate (DINP).
Special Report
Roger Pearson, Special Correspondent
U.S. EPA has announced that it will change its procedure for evaluating claims of "confidential business information" (CBI) under the Toxic Substances Control Act (TSCA). The new procedure will eliminate a CBI claim based on the identity of a chemical in a health and safety study where that study shows the chemical poses a substantial risk of injury and where the chemical's identify is already available in the TSCA inventory of chemicals in commerce. The new policy may influence the Department of Toxic Substances Control's own disclosure policy being developed as part of its green chemistry rules.
Prop. 65 - 60 Day Notices
Noticing Party:  Los Angeles Unified School District
Alleged Violators:  CRM Co., LLC
Chemicals:  Carbon black
Lead
Sources:  Crumb rubber
Date:  02/23/2010
AG Number:  2010-00070
See Document
Noticing Party:  Anthony E. Held, Ph.D.
Alleged Violators:  Burlington Coat Factory Warehouse Corporation
Chemicals:  Di(2-ethylhexyl)phthalate
Sources:  Tote bag
Date:  02/25/2010
AG Number:  2010-00069
See Document
Noticing Party:  Center for Environmental Health
Alleged Violators:  Bay Area Jump; Fantastic Factory, Inc. dba einflatables.com; Galaxy Jumpers; Jump 4 Joy; Magic Jump, Inc.; Ninja Jump, Inc.
Chemicals:  Lead
Sources:  Vinyl inflatable structures
Date:  02/19/2010
AG Number:  2010-00068
See Document
View All Recent 60-Day Notices