Harold Himmelman, Senior Counsel, and Alan Sachs, Principal, at Beveridge & Diamond law firm wrote about two landmark judgments on November 23, 2016, by the European Union's highest Court, the European Court of Justice.
Products of Interest, Studies
HealthyStuff.org recently released a new study on toxic chemicals in children's car seats. Environmental scientists at the Ecology Center said that this year's findings were an improvement from previous years, however there are still toxic chemicals found in car seats.
Risk assessment, Environmental Exposure, Europe, Biomonitoring
Joanna Roberts reported in Horizon, the EU research and innovation magazine, that "European scientists are joining forces to find out more about the impact of common chemicals on human health, with the aim of providing solid evidence of risk that can feed into new regulations and policies."
Products of Interest, US FDA
The Environmental Working Group (EWG) and Women's Voices for the Earth (WVE) sued the Food and Drug Administration (FDA) for its failure to protect the public from dangers associated with popular hair straightening treatments.
Products of Interest, Testing
Environmental Working Group (EWG) reported that they had analyzed the ingredients in 1,177 beauty and personal care products marketed to Black women, and found that one in 12 was ranked highly hazardous on the scoring system of EWG's Skin Deep® Cosmetics Database.
Meat + Poultry staff reported that the Center for Science in the Public Interest (CSPI) called for the US Dept. of Agriculture (USDA) to require processed meat and poultry products such as hot dogs, bacon, ham, etc., to bear warning labels informing consumers that eating such foods increases the risk of colon and rectal cancer.
Lauren Zeise and Gina Solomon, along with several other OEHHA and Cal/EPA staff, published an article in Environmental Health Perspectives about the challenges of identifying emerging chemical hazards.
David Lazarus' column in the Los Angeles Times reported on a recently published paper in the Harvard Business Review that concluded that the U.S. warning-label system "fails miserably at distinguishing between large and small risks."
Zameer Qureshi, an attorney with Bergeson & Campbell, lays out a detailed view of the different departure scenerios under Brexit.
Jonathan Cocker, partner in the Toronto office of Baker McKenzie, wrote about Environment Canada's proposed risk management measures for embattled Triclosan, confirming that Pollution Prevention Plans, mandated under the Canadian Environmental Protection Act, will soon be required for its continued use in Canadian consumer products.
EU Reach, Green Chemistry
According to a report in Ink World, European Union officials have been reiterating their intention to be sympathetic to the problems of chemicals suppliers in complying with the EU’s REACH legislation, particularly the need to register low-volume substances by mid-2018.
NTP, Studies, Products of Interest
In a report released in November by the National Toxicology Program (NTP), TRIMVX, a metalworking fluid used as a lubricant and coolant liquid and for cleaning tools and parts during cutting, drilling, milling, and grinding, showed both equivocal and clear carcinogenic activity.
The American Coatings Association is drafting a guidance for its members concerning the new Proposition 65 warning regulations.
Warnings, Products of Interest
With the holiday season comes shopping, and with shopping comes potential gifts with California's ubiquitous warning labels.
The American Herbal Products Association (AHPA) has issued guidance for companies regarding the listing of "aloe vera, non-decolorized whole leaf extract" and "goldenseal root powder" under Prop 65.
TSCA, People in the News, US EPA, Chemicals of Interest
The American Chemistry Council (ACC) announced the creation of the Center for Chemical Safety Act Implementation, a scientific, technical, and advocacy hub that they claim will assist companies with the implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), legislation enacted to modernize the Toxic Substances Control Act (TSCA).
The Department of Toxic Substances Control (DTSC) has released a "discussion draft" of a Guide it is preparing on how to perform an "alternatives analysis" (AA) under its Safer Consumer Products program.
TSCA, US EPA
Richard Denison, Lead Senior Scientist at Environmental Defense Fund (EDF), took the chemical industry to task for asking the Office of Management and Budget (OMB) not to allow EPA to issue a proposal to restrict certain very high-risk uses of trichloroethylene (TCE), which focuses on TCE’s use in commercial vapor degreasing operations.
US EPA, TSCA, Chemicals of Interest
On November 16, 2016, the EPA proposed a rule that would add a nonylphenol ethoxylates (NPEs) category to the Toxics Release Inventory (TRI) list of reportable chemicals.
Products of Interest
Safer Chemicals Healthy Families released a new report that is the first major evaluation of the United States' largest retailers’ safer chemicals programs.
Products of Interest
Lydia Wheeler with The Hill reported that the American Medical Association (AMA) has adopted a new policy to reduce the use of pavement seal coats containing polycyclic aromatic hydrocarbons (PAH).
US EPA, People in the News, Chemicals of Interest
Amy Martyn reported in Consumer Affairs that Dr. Peter Infante had been removed from the list of scientists that have been tasked to review glyphosate's cancer-causing potential for the US EPA.
US EPA, TSCA
Meagan Parrish, editor of Chem Info, reported on how two of America's top chemical industry associations— the American Chemistry Council and the Society of Chemical Manufacturers and Affiliates—view the election of Donald Trump.
US FDA, Chemicals of Interest
Huffington Post reported that the Food and Drug Administration testing for residues of glyphosate has been put on hold.
The opposing parties have filed their respective opening briefs laying out their arguments over the validity of the Office of Environmental Health Hazard Assessment’s safe harbor level (MADL) for lead.
The National Toxicology Program (NTP), which is part of the National Institute of Environmental Health Sciences (NIEHS), has released its 14th Report on Carcinogens.
The U.S. Environmental Protection Agency has officially listed the first ten chemicals that it is planning to evaluate under the new version of the Toxic Substances Control Act (formally known as the Frank R. Lautenberg Chemical Safety for the 21st Century Act).
The Office of Environmental Health Hazard Assessment has announced its intent to list Pertuzumab (CAS #380610-27-5) and Vismodegib (CAS #879085-55-9) as Proposition 65 reproductive toxicants pursuant to the "formally required to be labeled or identified" listing mechanism.
The Office of Environmental Health Hazard Assessment has finalized its regulations giving manufacturers of cans and bottles containing Bisphenol A (BPA) the temporary option of providing retailers with a point-of-sale warning applicable only to such containers.
Lauren Zeise of Berkeley has been appointed by Governor Brown as the Director of the Office of Environmental Health Hazard Assessment.
US EPA, Chemicals of Interest
The Environmental Working Group (EWG) took the Environmental Protection Agency (EPA) to task for failing to set a legal drinking water limit for PFOA, but significantly lowered the unenforceable health advisory level last spring.
EU Reach, Newsflash, Green Chemistry, Chemicals of Interest
Edie.net recently reported on industry representatives appearing before the British House of Lords' EU Energy and Environment Sub-Committee on November 9. The hearing was to provide input on environment and climate change policy post-Brexit from a business perspective.
Newsflash, Chemicals of Interest
Research suggests scented candles could actually be far more harmful than previously thought, giving off potentially dangerous levels of the toxic substance formaldehyde.
Products of Interest
The website Longevity warns readers that knock-off sex toys from China often don’t hold the same production standards as US-made brands.
The Department of Toxic Substances Control (DTSC) has announced that it is seeking information about three groups of products that it is considering identifying as “priority products” under its Safer Consumer Products (SCP) program.
A recent article in Horticulture Week reports on a paper that was published by ten experts in toxicology, oncology, pharmacology, biology, endocrinology, genetics and related disciplines, which challenges that the International Agency for Cancer Research (IARC) and United Nations Global Harmonised System for Classification and Labeling (GHS) use outmoded hazard-based schemes to evaluate cancer risks to the public.
Lauren Zeise, Director of OEHHA, was among almost fifty scientists who published an article in Environmental Health Perspectives about the Next Generation (NexGen) of Risk Assessment effort.
TSCA, US EPA, US OSHA, NIOSH
Larry Culleen, a partner with Arnold & Porter, said the US Environmental Protection Agency (EPA) is moving swiftly forward with what could be the first federal environmental regulation to impose reporting requirements specifically for nanoscale materials.
Alternet reported in late October on a study published in the journal Chemosphere, which showed that levels of pesticides in breast milk had dropped significantly over the past 40 years.
Members of the European Parliament have voted for a non-binding resolution asking the EU to "further harmonize the safety requirements for food contact materials [FCMs], which are largely used in everyday life in the form of food packaging, kitchen utensils and tableware."
On November 3, the U.S. Department of Health and Human Services released the 14th Report on Carcinogens, which includes seven newly reviewed substances bringing the cumulative total to 248 listings.
On September 30, Federal District Court Judge James Donato rejected an attempt to use California’s unfair competition law to bar the sale of electronic cigarettes.
At the November 15 meeting of the Carcinogen Identification Committee (CIC) meeting, in addition to its consideration of nitrite amines/amide combinations [see CIC Will Not List Nitrites With Amines or Amides as a Whole Category But May List Individual Combinations, November 20, 2017] can you, the CIC also considered what priority to assign to five separate chemicals for future listing consideration.
At their meeting on Tuesday, November 15, the Carcinogen Identification Committee (CIC) decided not to list the chemical group “nitrite in combination with amines or amides” as a Proposition 65 carcinogen.
At its October 27 meeting the Developmental and Reproductive Toxicant Identification Committee (DARTIC) voted to retain chloroform on the list of Proposition 65 reproductive toxicants.
Studies, Products of Interest
Just in time for Thanksgiving, Keeve E. Nachman and others reported in two research articles in Environmental Health Perspective that arsenic in turkey and other poultry contributed to arsenic exposure in the US.
OEHHA has rejected an effort to list the delayed onset of puberty in females as an additional basis for the listing of lead as a female reproductive toxicant.
The Department of Toxic Substances Control has announced it will hold a webinar to discuss a possible next set of priority products under its Safer Consumer Products (SCP) regulations.
The Environmental Working Group (EWG) released a report in October two days before a public meeting of an expert panel convened to study the practice’s safety.
An expansive new analysis by Yale School of Public Health researchers confirms that numerous carcinogens involved in the controversial practice of hydraulic fracturing have the potential to contaminate air and water in nearby communities.
The Office of Environmental Health Hazard Assessment has issued a notice of intent (NOI) to list perfluoroactanoic acid (PFOA) and perfluoroactane sulfonate (PFOS) as developmental reproductive toxicants under Proposition 65.
Proposition 65 allows businesses to petition the Office of Environmental Health Hazard Assessment for what is known as a Safe Use Determination (SUD).
On Tuesday, November 15 the Carcinogen Identification Committee (CIC) will meet to prioritize five fairly common chemicals for possible future consideration as Proposition 65 listed carcinogens.
LawyersandSettlements.com reported that “Efforts to consolidate Monsanto Roundup lawsuits involving the well-known weed killer Roundup by Monsanto Co. (Monsanto) have resulted in centralization in California, a win for plaintiffs who had been pushing for the Golden State over other jurisdictions Monsanto fought centralization, but these efforts failed to sway the Court.”
The pace of Prop 65 suits in California continues to be brisk and settlement demands have been increasing, said a Ann Grimaldi, an attorney who represents dietary supplements in these actions.
Although there is still much uncertainty, British law firms are beginning to advise their clients on the implications of Brexit.
Studies, Products of Interest
Researchers report that fast food consumption appears to be one source of exposure to the chemicals di(2-ethylhexyl) phthalate (DEHP) and diisononyl phthalate (DiNP).
People in the News
Tom Hayden died October 23 in Santa Monica. He was known for many things: 1960's radical, politician, author and among the main forces behind Proposition 65.
The Prop. 65 Clearinghouse held its annual conference in San Francisco recently, and the speakers and panelists had a number of recommendations for both retailers and manufacturers following the adoption of Proposition 65’s new warning regulations.
US EPA, Chemicals of Interest, OEHHA, IARC
Glyphosate, the key ingredient in Monsanto Co.'s Roundup herbicide, is not likely carcinogenic to humans, the U.S. Environmental Protection Agency said on September 16, as it outlined its current position on the controversial chemical.
TSCA, US EPA
Richard Denison, Lead Senior Scientist with the Environmental Defense Fund, recently blogged about the magnitude of the task that awaits EPA under the new TSCA, with respect to prioritization, risk evaluation, risk management, and substantiation and review of confidential business information (CBI) claims.
The International Housewares Association announced in September that it is partnering with Wells Fargo Insurance to provide a new insurance program that can help members mitigate their liability under the California Proposition 65.
Products of Interest
A recent report from the European Commission warns that tattoo ink often contains “hazardous chemicals” such as heavy metals and preservatives that could have serious health consequences, including bacterial infections.
Studies, Risk assessment
Scientists gathered at the National Institute of Environmental Health Sciences (NIEHS) in August to consider how exposures to low doses of chemical mixtures may contribute to the development of cancer.
An international Working Group of 18 scientists convened by the International Agency for Research on Cancer (IARC), the cancer agency of the World Health Organization, has evaluated the carcinogenicity of five chemical agents: pentachlorophenol, 2,4,6-trichlorophenol, 3,3′,4,4′-tetrachloroazobenzene, aldrin, and dieldrin.
The Office of Environmental Health Hazard Assessment has finalized its listing of “pentachlorophenol and by-products of its synthesis (complex mixture)” as a carcinogen under Proposition 65.
Mark Duvall, partner at Beveridge & Diamond, recently reviewed the implications for importers, retailers, and others that sell goods containing plywood or other composite wood products.
As Congress returns from its summer recess and begins wrapping up its work for the remainder of 2016, one of the many outstanding issues is Senator Dianne Feinstein (D-CA) and Senator Susan Collins' (R-ME) Personal Care Products Safety Act (S. 1014).
A new Swiss study warns that women who regularly use deodorants containing aluminum salts could risk developing breast cancer.
The California Department of Pesticide Regulation (DPR) has issued a new rule to limit the use of the popular pesticide 1,3-D dichloropropene (1,3-D) in order to reduce air pollution from the cancer-causing chemical.
A federal District Court judge in San Francisco has rejected an attempt to use California’s unfair competition law to bar the sale of electronic cigarettes based on the violation of Proposition 65. Judge James Donato has ruled that the plaintiff will have to show a violation of a law other than Prop. 65, because he failed to provide the 60-day notice of intent-to-sue required by the Proposition.
Products of Interest
The value of so-called "Dollar Stores" can be alluring, but as the saying goes, you often get what you pay for including items of poor quality and things that may contain potentially dangerous chemicals.
The Oakland-based Center for Environmental Health (CEH) has filed suit against Dow Agroscience accusing the company of manufacturing and selling the pesticide Telone in California without providing a required Proposition 65 warning.
Health groups are continuing to oppose a proposal by the Office of Environmental Health Hazard Assessment (OEHHA) to allow manufacturers of food products to continue to use cans and bottles with linings containing the controversial chemical Bisphenol A (BPA). Not only are the groups opposing the agency’s proposal to allow the temporary use of BPA through the end of 2017, but they are also arguing that BPA should be identified as a “priority product” under the state’s Safer Consumer Products program.
NTP, Products of Interest
The National Toxicology Program (NTP), an arm of the U.S. Department of Health and Human Services, will begin testing synthetic turf athletic fields for health risks posed by the increasingly popular playing surfaces.
Those commenting on the Department of Toxic Substances Control’s first proposed designation of a “priority product” under its Safer Consumer Products (SCP) program are less concerned with the product itself and more concerned with any precedent it sets as to future designations.
The state Office of Administrative Law (OAL) has approved the final version of a major rewrite of the Proposition 65 warning regulations submitted by the Office of Environmental Health Hazard Assessment.
The Office of Administrative Law on August 30 approved major changes adopted by the Attorney General’s office in its regulations governing private party lawsuits under Proposition 65.
The Office of Environmental Health Hazard Assessment has announced the identification of five chemicals as candidates for listing as carcinogens under Proposition 65 by the agency's expert panel for carcinogens--the Carcinogen Identification Committee (CIC).
The Developmental and Reproductive Toxicant Identification Committee (DARTIC) will meet to consider delisting chloroform as a Proposition 65 reproductive toxicant.
On Tuesday, November 15 the Carcinogen Identification Committee (CIC) will meet to consider whether to list Nitrite in Combination With Amines or Amides as a Proposition 65 carcinogen.
With the passage of the long-awaited reform to the decades-old Toxic Substances Control Act (TSCA), environmentalists and industry representatives both celebrated the new law as a coming together of the two sides for the greater good.
Since the California added bisphenol A (BPA) to its list of chemicals requiring warning labels under Prop. 65, much attention has been paid to the linings in aluminum cans where BPA is a common ingredient.
A group of more than 50 doctors, advocates, scientists and public health officials are calling for increased regulation of at least half a dozen chemicals they say can be harmful to children.
As chemical safety regulators continue to debate the safety of glyphosate, the main ingredient in Monsanto's popular herbicide RoundUp, Euronews sat down with Kurt Straif, a senior scientist with the International Agency for Research on Cancer (IARC), to discuss the ongoing issues.
OEHHA, People in the News
In an op-ed published in the Orange County Register, David Fischer, a senior director at the American Chemistry Council, celebrated the 30th anniversary of California's Prop. 65 by lampooning the law, saying it has led to "mounting costs and elusive benefits."
The world's most-used herbicide, glyphosate, will stay on European Markets for at least 12 months as regulators await the results of a study to assess its safety after accusations it is carcinogenic.
Products of Interest
A Washington apple processor was warned by the Food and Drug Administration (FDA) earlier this summer after concentrate from the facility was found to contain levels of arsenic nearly nine times higher than the federal limit of 9 parts per billion.
The Office of Environmental Health Hazard Assessment has listed the solvent 1-bromopropane (1-BP) (CAS #106-94-5) as a carcinogen under Proposition 65 pursuant to the authoritative bodies listing mechanism. In finalizing the listing OEHHA rejected comments submitted by the Ablemarle Corporation.
Three environmental groups have reached a settlement of a Proposition 65 lawsuit against a Kern County company that operates oil and gas produced wastewater disposal facilities. The groups are touting the settlement as the first successful challenge under Prop. 65 of what they contend are hundreds of unregulated discharges of oil wastewater into unlined disposal pits in several California counties.
With the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the long awaited update to the Toxic Substances Control Act (TSCA), many new regulations are scheduled to be put into force in the coming years with the Environmental Protection Agency's (EPA) power expanded under the new reforms.
Products of Interest, OEHHA
More than 100,000 people have signed petitions calling on the country's two biggest grocery chains, Kroger and Albertsons, to remove canned food containing bishphenol A (BPA) from their shelves.
Products of Interest
A study from the consumer product testing website HealthyStuff.org has ranked the best and worst of commonly used garden hoses in terms of toxic chemicals including lead, phthalates and flame retardants.
Products of Interest
The Environmental Working Group (EWG) has created an easily searchable database of products containing bisphenol A (BPA), a chemical linked to reproductive harm and hormone disruption.
Prop. 65 is outdated and badly in need of reform, according to David Fischer, a senior director at the American Chemical Council (ACC), which advocates for chemical manufacturers.
Products of Interest
As manufacturers of building materials and builders themselves seek greener alternatives to traditional products, experts are warning the public about some unintended consequences of the new alternatives.
Prenatal exposure to endocrine disruptors has been linked to childhood obesity, but researchers have found that one such group of chemicals, polybrominated diphenyl ethers (PBDEs), could have the inverse effect.
Researchers have linked exposure to parabens and other antimicrobial chemicals, which are pervasive and can disrupt hormonal function, with reduced fecundity.