Proposition 65 Search - Complaints, Settlements

News Breakers

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]
Wendy Crittenden, Content Editor
The Center for Environmental Health (CEH) has established a landmark settlement with Lerner NY (New York & Co), H&M, Tri-Coastal Designs, and Haddad Accessories, creating the first legally binding rules to end high levels of lead in purses. The agreement, CEH v. Lulu, comes after CEH found alarming levels of lead in a significant number of handbags at major retailers including Target, Macy's, Walmart, Kohl's and others last April.

Last year a federal law went into effect requiring that materials used in children's products contain no more than 300ppm of lead, but no federal stipulations have been made for purses and handbags. The recent agreements made with CEH will require that purses and handbags sold in California will contain no more than 300ppm of lead, and will be even stricter concerning some specific materials. H&M has agreed that by March 1, 2010 purses sold by the company will contain no more than 90ppm of lead in paint, surface coatings, vinyl or leather materials. The company will eventually phase down the lead content even more by September 1, 2010.

The companies involved in the agreement have agreed to paying $35,000 each in settlement payments. [Sources: CEH.org and ABCNews.com]

Recent Prop 65 Settlements

Brimer v. ACCO Brands Corporation, et al.

Court: San Francisco
Date Filed: 03/12/2009
Number: CGC-09-485784
Source: Vinyl Coated Paper Fasteners
Chemical: Lead

Brimer v. Bangkit (U.S.A.), Inc., et al.

Date Filed: 01/29/2010
Number:
Chemical: Lead
    Defendant: Bangkit (U.S.A.), Inc.
    Settled Out of Court: 01/29/2010
    Injunctive Relief: Prospective Relief: Reformulation
    Total Payments: $18,000.00
    Civil Penalty: $1,000.00
    Attorneys Fees: $17,000.00
    Other Payments: $0.00

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