warning labels, lead limits, compliant
July 29, 2010
Prop 65 Conference - Sept 20th, 2010 - Seminar on warnings, lists, chemicals, litigation

Prop. 65 - Updates and Alerts

Wendy Crittenden, Content Editor
The Office of Environmental Health Hazard Assessment (OEHHA) announced on July 9th the availability of draft technical support documents for proposed Public Health Goals (PHGs) for methoxychlor and selenium in drinking water. The draft document for methoxychlor is an update of the risk assessment for the PHG published in 1999. OEHHA proposes to decrease the PHG for methoxychlor to 0.09 parts per billion (ppb) from the current value of 30 ppb, based on new data on adverse effects of methoxychlor in animal studies. The document for selenium represents a new proposed PHG of 30 ppb, based on data from adverse effects of selenium in a human population.

The draft documents are posted on the OEHHA web site. OEHHA is soliciting comments on the draft reports during a 30-day comment period. The Office previously offered a 45-day public comment period and held a public workshop for selenium on May 19, 2010, and for methoxychlor on June 3, 2010.

This 30-day public comment period is the second and final request for public input. Written comments must be received by 5:00 p.m. on August 9, 2010 by emailing Michael Baes at mbaes@oehha.ca.gov to be considered during this document revision period. [Source: OEHHA]
Wendy Crittenden, Content Editor
Videos of DTSC's Green Chemistry Initiative presentations from Alternatives Analysis Symposium I: Issues and Evolution, Capitalizing on Success are now available to watch. Videos of the question-and-answer sessions are also available and provide a candid look at how governmental organizations, environmental groups and manufacturers approach alternatives analysis.

The second set of presentations, Alternatives Analysis Symposium II: Case Studies from the Field, will take place July 28 from 9 a.m. to 4:30 p.m. in the Byron Sher Auditorium, located in the Cal/EPA building, at 1001 I St. in Sacramento. This symposium is free, open to the public, and can be viewed via a live webcast. It will focus on the experiences of businesses and consultants actively engaged in alternatives analysis in the marketplace. They will share a better understanding of the complexities of determining the process to find safer alternatives to toxic chemicals. [Source: DTSC]

Recent Prop 65 Settlements

CAG v. Kittrich

Court: Other
Date Filed: 07/01/2009
Number: n/a
Source: Echols Rat & Mouse Pellets
Chemical: Warfarin
    Defendant: The Kittrich Corporation
    Settled Out of Court: 07/02/2010
    Injunctive Relief: Kittrich agrees to stop selling the covered product in the future in CA unless it provides Proposition 65 warnings that are conspicuous.
    Total Payments: $26,000.00
    Civil Penalty: $0.00
    Attorneys Fees: $26,000.00
    Other Payments: $0.00

Brimer v. The Gillette Company, et al.

Court: Other
Date Filed: 09/30/2009
Number: n/a
Source: Flashlight
Chemical: Lead
    Defendant: The Gillette Company
    Settled Out of Court: 06/15/2010
    Injunctive Relief: Prospective Relief: Reformulation
    Total Payments: $39,000.00
    Civil Penalty: $4,000.00
    Attorneys Fees: $35,000.00
    Other Payments: $0.00

See All Prop 65 Settlements — Last 3 Months
Past Issue: May 2010
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Litigation Report
Roger Pearson, Special Correspondent
The Attorney General's office has objected to a proposed settlement in a private Proposition 65 enforcement suit involving the reproductive toxicant Di(2-ethylhexyl)lphthalate (DEHP). The settlement would allow other manufacturers of covered products containing DEHP to opt-in to the settlement. The AG, represented by Deputy Attorney General Harrison Pollak, argues that the proposed settlement is invalid, because the products covered by it go well beyond the single product contained in the 60-day notice that led to the underlying litigation.
Regulatory Report
Roger Pearson, Special Correspondent
The written comment period for Office of Environmental Health Hazard Assessment's request for information on the possible listing of Bisphenol-A as a Proposition 65 reproductive toxicant closed on May 13.
Roger Pearson, Special Correspondent
Two California Courts of Appeal are currently considering whether there exists a method for listing chemicals under Proposition 65 known as the Labor Code mechanism, and if so just what chemicals does that mechanism cover. The two appeals are from decisions rendered last year by trial court judges in Alameda and Sacramento counties The ultimate decisions resulting from these appeals will determine whether the Office of Environmental Health Hazard Assessment can add large number of chemicals to the Prop.
Roger Pearson, Special Correspondent
The Office of Environmental Health Hazard Assessment has issued a request for information relevant to whether the chemical S,S,S-Tributyl phosphorotrithioate (Tribufos DEF) (CAS# 78-48-8) meets the criteria for listing as a carcinogen pursuant to Proposition 65's authoritative bodies mechanism. In issuing the request the agency indicates it has made the preliminary conclusion that the chemical qualifies for listing, despite the fact that the underlying animal studies involve "high doses" of the chemical.
Roger Pearson, Special Correspondent
In March, the Office of Environmenal Health Hazard Assessment proposed a number of changes in those parts of its regulations governing how maximum allowable dose levels (MADLs) are derived for Proposition 65 reproductive toxicants. MADLs, and their equivalent for carcinogens no significant risk levels (NSRLs), establish so-called "safe harbor" levels for exposure to listed substances below which no Prop. 65 warning is required.
Special Report
Roger Pearson, Special Correspondent
A research arm of the University of California, San Francisco has released a report entitled: "A Nanotechnology Policy Framework: Policy Recommendations for Addressing Potential Health Risks from Nanomaterials in California".The report was released in draft form by the UCSF's Program on Reproductive Health and the Environment (PRHE).