Author Archives: Maureen Gorsen

Maureen Gorsen
Located in Sacramento, Ms. Gorsen focuses her practice on providing strategic public policy, litigation and regulatory advocacy and counsel to a wide range of product manufacturers, brand owners, industrial facilities and landowners.  Read More

Maybe 2018 will be the year we finally see how the California Safer Consumer Product Regulations will work in practice? Spray Polyurethane Foam may be first up at bat

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DTSC has released the rulemaking for its second selected “priority product” which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates. This is a product that is actually manufactured and sold in California and thus if adopted, the program’s regulatory requirements would attach to an actual entity. (As compared to the first “priority product” DTSC selected –see children’s foam-padded sleeping products   - which we understand no one actually makes or sells (and begs the question as to how the State of California could select it as a “priority”?) Makers [...]Read more

Clothing, Cleaning Products, Nail Polish, Carpets, Rugs and Upholstered Furniture among the next likely Priority Products to be regulated by California

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The long slumber is over.  DTSC is now actively pursuing its next three priority products (PP), which are the following chemical-product combinations:  Nonylphenol ethoxylates and triclosan  in cleaning, clothing and personal care products Formaldyde, toluene and all possible candidate chemicals in nail products PFAS (perfluoralkyl, polyfluoroalkyl) in carpets, rugs, upholstered furniture (textiles) and care and treatment products DTSC released three background papers on these three broad product categories this week, see cleaning, clothing and personal care products, nail products, carpets, [...]Read more

US EPA Announces its Implementation Plan for TSCA Reform

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TSCA Reform was signed into law just one week ago on June 22, 2016, but a mere one week later, on June 29, U.S. EPA has published its implementation plan, which sets an aggressive schedule to get into place the basic rulemaking frameworks to implement its vast new authorities. U.S. EPA is proposing to establish its regulatory framework for implementation of its new authorities into four main rulemakings, and propose three of them by mid-December 2016 in the twilight days of the Obama Administration. The four main rulemakings are: 1) prioritization process rule, 2) risk evaluation process [...]Read more

California – New Prop 65 Product Label Requirements Likely to be Adopted

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Today, May 17, 2016, OEHHA released a second set of revisions to its proposed regulations to change the warning labeling requirements for Prop 65.  This is the first major change to the words required on product labels and shelf signs and catalogues selling products into California in several decades.  OEHHA has been working on these warning wording and method changes since 2013.  The most recent proposal commenced in November 2015, and has gone through several public comment periods and revisions.  Today’s May 17th revision is probably the last set of revisions before adoption.  Comments [...]Read more

I See a Prop 65 Label On This Product, But What Does It Mean? New California Website to Explain

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At the beginning of 2016, the State of California (OEHHA) adopted a new regulation to give itself authority to create and operate a website to provide information about the Prop 65 labels the public sees on everyday products and in everyday locations such as restaurants, gas stations and airports.  New section 25205 allows OEHHA to post information about pathways of exposure to chemicals in products and strategies to avoid exposure, while also providing a disclaimer that OEHHA cannot assure the accuracy of anything it posts.   It creates a petition process for manufacturers, sellers and the [...]Read more

Short Comment Period for Revised Prop 65 Warning Regulations

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On Friday, March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) released another set of proposed revisions to the Prop 65 warning label regulations. The comment period is very short – only 15 days.  Members of the public have only until April 11, 2016 at 5:00 p.m. PST to submit comments on the revised regulations.  Requests to extend the comment period are pending, but not guaranteed. OEHAA initiated formal rulemaking for the revisions to Prop 65 warning label regulations in January 2015. That proposal was repealed and replaced with new proposed regulations [...]Read more

County-Level Pharmaceutical Take-Back Programs May Be Spreading in California and Illinois

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Los Angeles County, the nation’s largest County, has proposed a pharmaceutical take-back ordinance that would require businesses to finance a local government program for disposal of unwanted medications and potentially hazardous medical products like needles and syringes. Under the draft ordinance, termed the “Los Angeles County Pharmaceuticals and Sharps Collection and Disposal Stewardship Ordinance,” certain manufacturers, producers, or distributors of covered medications and supplies would be responsible for designing, implementing and financing the collection program. At its March 22, [...]Read more

California Proposition 65 Regulations Overhaul

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The California Office of Environmental Health Hazard Assessment (OEHHA) proposes to repeal existing regulations and replace them with newer regulations to further the “right-to-know” purpose of the Proposition 65 statute and provide more specific guidance on the content of safe harbor warnings. In addition, the proposed regulations add a specific section addressing the relative responsibilities of providing warnings for businesses in the chain of commerce versus retail sellers of a given product. Originally adopted in 1988, Proposition 65 regulations require California businesses to provide [...]Read more

TSCA Reform Passes Senate Unanimously

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Historic overhaul of the primary law governing the safety of chemical products in the U.S.—the Toxic Substances Control Act (“TSCA”)—has, after long delay, passed in the Senate. With agreement from all sides that the law is long overdue for modernization and reform, lawmakers have been working for years to update and reform TSCA.  Enacted in 1976, TSCA has never been significantly amended and the current legislation is poised to massively overhaul U.S. EPA’s authority over chemicals in commerce. In June 2015, the House of Representatives passed the bipartisan TSCA Modernization Act [...]Read more

After years of starts and stops, OEHHA commences new rulemaking to change the Prop 65 product label requirements

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After nearly a year of heavy industry opposition and objections to the proposed draft regulations requiring all manufacturers selling goods in California to change their Prop 65 product label warnings, the California Office of Environmental Health Hazard Assessment (“OEHHA”) has announced that it will not meet its legal obligation to produce a final regulation on product warning requirements by January 19, 2016.   Instead, OEHHA will withdraw its previous proposed rulemaking, issued in January of this year, and open an entirely new rulemaking record separate and apart from that engaged in [...]Read more