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Glyphosate Case Correction

We recently filed a story discussing a lawsuit filed in federal district court by Monsanto Corporation and several agricultural associations [see Monsanto and Farm Groups Sue to Overturn Glyphosate Listing, December 21, 2017]...

OEHHA Clarifies Consumer Products Warning Requirements for Internet Sales

On August 30 of this year a new set of regulations governing what constitutes a "clear and reasonable warning" for Proposition 65 purposes becomes effective.

Court Finds That Insurance Coverage Triggered By Prop. 65 Suit and Not 60-day Notice

A federal court in Washington State has ruled that an insurance company could not deny a claim from its insured based on its argument that the claim was originally made in a Proposition 65 notice of intent-to-sue (60-day notice) that the insured received prior to the coverage period.

DTSC SCP Proposal on Methylene Chloride May Have Greater Significance After EPA Delays Its Own Rulemakings

In November the Department of Toxic Substances Control announced it was proposing to designate "paint or varnish strippers containing methylene chloride" as a priority product pursuant to the Department's Safer Consumer Products (SCP) program.

OEHHA Proposes Safe Harbor Level for Bromodichloroacetic Acid

The Office of Environmental Health Hazard Assessment (OEHHA) has proposed a safe harbor level or no significant risk level (NSRL) for the Proposition 65 listed carcinogen bromodichloroacetic acid.

OEHHA Issues Safe Use Determination for Diisononyl Phthalate (DINP) in Carpet Tile

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a safe use determination (SUD) under Proposition 65 for exposure to diisononyl phthalate (DINP) in a particular brand of modular carpet tile.

OEHHA Finalizes Minor Changes to Prop. 65 Warning Regulations

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a final version of minor revisions to its regulations governing "clear and reasonable warnings" under Proposition 65.

EPA Agrees to Revise Size Standards for TSCA Reporting Purposes

On November 30, the U.S. Environmental Protection Agency (EPA) concluded that the current standards for the size of businesses exempt from certain reporting requirements under the Toxic Substances Control Act (TSCA) should be revised. The agency will now proceed with a rulemaking to carry out that finding.

Monsanto and Farm Groups Sue to Overturn Glyphosate Listing

On November 15 Monsanto Company, along with several agricultural associations, filed suit to overturn California's recent listing of the herbicide glyphosate as a carcinogen under Proposition 65. Glyphosate is the active ingredient in several herbicide brands, including Monsanto's Roundup, generally believed to be the most widely used herbicide in the world.

OEHHA'S Carcinogen Identification Committee Nixes Listing Coumarin under Prop. 65

The Office of Environmental Health Hazard Assessment's (OEHHA) Carcinogen Identification Committee (CIC) has rejected adding coumarin to the list of Proposition 65 chemicals.

DTSC Proposes to Designate Paint or Varnish Strippers Containing Methylene Chloride as Priority Product

The Department of Toxic Substances Control has proposed to designate "paint or varnish strippers containing methylene chloride" as a Priority Product pursuant to the Department's Safer Consumer Products (SCP) program. This will be the third product category formally proposed as a Priority Product.

OEHHA Panel Approves Listing Chlorpyrifos and N-Hexane as Developmental Toxicants under Prop 65

The Office of Environmental Health Hazard Assessment's (OEHHA's) Developmental and Reproductive Toxicant Identification Committee (DARTIC) has voted unanimously to list the pesticide chlorpyrifos as a developmental toxicant under Proposition 65. DARTIC also approved the listing of n-hexane as a male reproductive toxicant at the same meeting.

OEHHA Extends Public Comment Deadline for Chlorothalonil SUD Request

The Office of Environmental Health Hazard Assessment (OEHHA) has extended the public comment deadline for its proposal to set safe use determinations (SUD's) for exposures to the Proposition 65-listed fungicide chlorothalonil from the consumption of certain foods.

OEHHA Adds PFOA and PFOS to List of Prop. 65 Chemicals

The Office of Environmental Health Hazard Assessment (OEHHA) has listed perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as reproductive toxicants under Proposition 65.

EPA Releases Ideas for Identifying Candidates for TSCA Prioritization

U.S. EPA has released a discussion paper laying out its ideas for identifying candidate chemicals for risk prioritization under the Toxic Substances Control Act. The agency has also scheduled a workshop for Monday, December 11 to discuss those ideas.

Prop. 65 Notice Targets Alex Jones and Infowars

The Oakland-based Center for Environmental Health (CEH) has issued a 60-day notice of its intent-to-sue Alex Jones' Infowars company under Proposition 65 for excessive lead content contained in dietary supplements marketed by the company.

Syngenta Asks OEHHA for Safe Use Determinations for Chlorothalonil

The Office of Environmental Health Hazard Assessment (OEHHA) has received a request for a safe use determination (SUD) for exposures to the Proposition 65-listed fungicide chlorothalonil in certain foods.

OEHHA Adds Three New Chemicals to the Prop. 65 List

The Office of Environmental Health Hazard Assessment (OEHHA) has finalized its decision to list three new chemicals—N,N-Dimethylformamide, 2-Mercaptobenzothiazole and Tetrabromobisphenol A—as carcinogens under Proposition 65.

EPA Issues Proposed Rule Covering Reporting Requirements for Mercury Inventory Under TSCA

U.S. EPA has released a proposed rule that will carry out the agency's responsibility to create an inventory of activities involving mercury, as required by the new version of the Toxic Substances Control Act (TSCA).

Doubts Expressed Regarding Impact of Latest Prop. 65 Legislation

Governor Brown has signed into law the latest legislative effort designed to limit the frequency of private party Proposition 65 lawsuits. However, at least one prominent defense attorney has expressed doubt that the new legislation will have any meaningful change.