Recent Settlements

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Appeal Court Dishes Up A Victory for Meat Industry

Dennis Pfaff, Special Correspondent

A unanimous Fourth District Court of Appeal has ruled that Proposition 65 warnings for meat are preempted by federal law, handing a victory to the meat industry in a long-running legal battle with a would-be plaintiff.

The court's December 22 conclusion in American Meat Institute v. Leeman that the Federal Meat Inspection Act "expressly preempts point of sale warning requirements with respect to meat" went beyond a San Diego judge's 2008 summary judgment ruling that also favored the meat industry. In the lower court ruling, Superior Court Judge Thomas P. Nugent had ruled that a warning mandated by Proposition 65 directly conflicted with the FMIA?which constituted implied preemption?but that point of sale displays were not expressly preempted [see Meat Preemption Case Arguments Stack Up, November 2009].

Yeroushalmi, CAG, Fire Counter-Suits Back At EWW

Dennis Pfaff, Special Correspondent

A complex dispute among Proposition 65 plaintiffs' figures that earlier this year resulted in a lawsuit charging fraud and breach of contract has spawned two counter-suits complete with accusations of extortion, forgery and threats of physical harm.

OEHHA Lists four More Chemicals Using Labor Code Mechanism

Roger Pearson, Special Correspondent

The Office of Environmental Health Hazard Assessment has listed four more chemicals using its controversial "labor code mechanism." Two of the chemicals are listed as carcinogens and two as reproductive toxicants. The listings are effective as of December 18, 2009.

Latest Ruling in Styrene Case Confirms Earlier Decision Banning the Listing of Group 2B Carcinogens Under Labor Code Mechanism

Roger Pearson, Special Correspondent

Sacramento Superior Court Judge Shellyanne Chang has issued a final ruling, December 23, holding that OEHHA cannot utilize its newly discovered "labor code mechanism" to list styrene and vinyl acetate monomer as Proposition 65 carcinogens.

Chemicals Under Consideration for Listing

OEHHA Responds to Questions Raised About Food Warning Regulation

Roger Pearson, Special Correspondent

In August, the Office of Environmental Health Hazard Assessment released draft regulatory language that would establish a voluntary process by which manufacturers, retailers, and other entities in the food distribution chain could discharge any Proposition 65 warning obligation. That proposal was strongly criticized at a September 25 workshop and in written comments by representatives of manufacturers, retailers, and environmental groups.

Recently Listed Prop. 65 Chemicals

OEHHA Calendar

OEHHA Prepared to List Two Pesticides As Carcinogens

Roger Pearson, Special Correspondent

The Office of Environmental Health Hazard Assessment has announced its intent to list the pesticides carbaryl and spirodiclofen as carcinogens under Proposition 65. OEHHA's Notice of Intent rejects arguments against the listing filed by Bayer CropScience, which is the registrant of both substances.

State Coalition Wants to Preserve State Role in New TSCA Legislation

Dennis Pfaff, Special Correspondent

A coalition of 13 states, including California, has released a set of principles that they believe should be followed in any reform of the 32 year old Toxic Substances Control Act (TSCA). Although the state's principles are similar in many respects to those stated by U.S. EPA Lisa Jackson in October, the states clearly want to preserve their right to enact more stringent chemical regulation.