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Judge Rules that Plaintiff Cannot Rely on Notice in Earlier Prop. 65 Action

A U.S. District Court judge has ruled that plaintiffs in a Proposition 65 private enforcement action cannot rely on a 60-day notice in an earlier, similar case to meet the notice requirement in their case.

OEHHA Issues New Fact Sheets on Household Appliances, Flame Retardants

The Office of Environmental Health Hazard Assessment (OEHHA) has issued three new fact sheets on potential exposures to Proposition 65 chemicals.

60-Day Notice Trends: May 2020

Private Proposition 65 enforcers were busy again this month. Through May 20, 2020, private enforcers have served 102 notices.

Does Citizens of Humanity Support Malicious Prosecution Claims Against Frivolous Prop. 65 Actions?

The Court of Appeal for the Fourth Appellate District's recent decision in Citizens of Humanity, LLC v. Hass (D074790 February 21, 2020) may or may not provide support for malicious prosecution claims against private Proposition 65 enforcers who bring frivolous actions, according to Erick Swanholt and Hillary Vedvig, attorneys with Foley & Lardner, in a recent article.

EPA Clarifies Expected Time Frame For Release of Final TSCA Risk Evaluations

The U.S. Environmental Protection Agency has confirmed that it is unlikely to meet its deadline for finalizing the first ten chemical risk evaluations under the 2016 amendments to the Toxic Substances Control Act.

State Water Board Fines Laboratory for Alleged Misrepresentations

The State Water Resources Control Board (SWB) has fined Western Analytical Laboratories, Inc. $90,000 and rejected the lab's pending accreditation renewal claiming the company falsified wastewater analysis data.

Prop. 65 Defense Coalition Asks Governor Newsom to Delay Private Enforcement Actions Due to COVID-19

On May 5, 2020, a group of consumer product manufacturers and retailers lead by the Consumer Brands Association (Consumer Brands) sent a letter to Governor Gavin Newsom asking him to delay private Prop. 65 enforcement actions in light of the global COVID-19 pandemic.

Recent California Supreme Court Decision Provides Strong Support for No Jury Trials in Proposition 65 Actions

On April 30, 2020, the California Supreme Court issued an opinion that will likely impact the availability of jury trials in Proposition 65 actions.

EPA Finds Most Uses of Perchloroethylene Pose and Unreasonable Risk

On April 27, U.S. EPA released its draft risk evaluation of perchloroethylene. The evaluation is the tenth and last of the first ten risk evaluations that the agency has released under the 2016 amendments to the Toxic Substances Control Act (TSCA).

EPA's Efforts to Use TSCA to Limit PFAS Exposure Challenged by States and Environmental Groups

Several state Attorney Generals, including California AG Xavier Becerra, have filed comments criticizing a recent U.S. EPA proposal to limit exposure to per-fluoroalkyl  and polyflouroalkyl substances (collectively known as PFAS) pursuant to the Toxic Substances Control Act (TSCA).

FDA Orders Recall of Zantac and Other Drugs Containing Cancer-Causing Chemical from Market; Private Prop. 65 Enforcer Serves Notices

Since mid-2019, the U.S. FDA has been investigating over-the-counter heartburn drugs containing the active ingredient ranitidine (OTC Ranitidine), including Zantac, in connection to a contaminant called N-Nitrosodimethylamine (NDMA).

Business Groups Question Latest OEHHA Proposal to Change Warning Regulation

A coalition of 26 business groups has lodged a strong objection to a recent move by the Office of Environmental Health Hazard Assessment (OEHHA) to amend its warning regulations under Proposition 65.

60-Day Notice Trends: April 2020

Although California's superior courts are largely closed due to COVID-19, private Prop. 65 enforcers have served over 227 60-Day Notices in April thus far. The trend of alleging exposures to Prop. 65 chemicals in food products continues with full force.

CHEMICAL OF THE MONTH: Ethylene Oxide

In a report released on March 31, 2020, the U.S. Environmental Protection Agency's (EPA) Inspector General, Sean W. O'Donnnell, concluded that EPA has failed to warn residents living near facilities that emit significant amounts of ethylene oxide about the dangers of the chemical.

AG Becerra Weighs in on EPA Rulemaking to List PFAS "Forever Chemicals" on Toxics Release Inventory

The U.S. EPA has issued an Advance Notice of Proposed Rulemaking (ANPR) to potentially list per-fluoroalkyl and poly-fluoroalkyl substances (collectively, PFAS) on the EPA's Toxics Release Inventory (TRI) under the federal Emergency Planning and Community Right-to-Know Act (EPCRA).

Attorney General Becerra Criticizes EPA for Endangering California's Agricultural Communities by Downgrading the Cancer Risk Posed By 1,3-Dichloropropene

California Attorney General Xavier Becerra has sent a letter to the U.S. Environmental Protection Agency (EPA) over a proposal that could loosen restrictions on the pesticide 1,3-dichloropropene's (1,3-D).

OEHHA Delays Setting Date for CIC Meeting on Acetaminophen

The Office of Environmental Health Hazard Assessment (OEHHA) has announced it will not be rescheduling its already postponed meeting of the Carcinogen Identification Committee (CIC) due to the COVID-19 outbreak.

EPA Releases Draft Scope Documents for Seven More Chemicals Subject to Next TSCA Assessments

U.S. EPA has announced the release of draft scoping documents for the final seven of the next 20 chemicals that will undergo risk assessments pursuant to the Toxic Substances Control Act (TSCA).

OEHHA Issues SUD for BPA Exposure From Eyewear Products

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a Safe Use Determination (SUD) covering exposure to the Proposition 65 listed reproductive toxicant Bisphenol A (BPA) from specified eyewear products.

EPA Releases Draft Scope Documents for Thirteen Chemicals Subject to Next TSCA Assessments

In December U.S. EPA announced the next 20 chemicals that will undergo risk assessments pursuant to the Toxic Substances Control Act.