Category Archives: California Prop 65

OEHHA Releases Formal Rulemaking Draft for Prop 65 Warning Regulations

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The California Office of Environmental Health Hazard Assessment (OEHHA) released its formal rulemaking draft of Prop 65 warning regulations today. The public comment period begins Friday, January 16, and closes Wednesday, April 8. Uniquely for this rulemaking, OEHHA intends to post comments as they are received instead of waiting until the comment period closes. One of the key changes is the proposal that 12 chemicals (the so-called “dirty dozen” - see Section 25602) be specifically included in Prop 65 warnings: acrylamide, arsenic, benzene, cadmium, carbon monoxide, chlorinated tris, [...]Read more

OEHHA to Hold Workshop April 14 to Discuss Prop 65 Reform

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The California Office of Environmental Health Hazards Assessment (OEHHA) will hold a workshop on April 14 to discuss possible regulatory action to change the existing Proposition 65 program. While the ostensible purpose and goals of the pre-regulatory draft language are to make Prop 65 warnings more informative and meaningful, create more certainty for business and reduce litigation, the draft language appears to do exactly the opposite. The content of warnings could get very complicated and the duties of product manufacturers and sellers far more onerous, the worst of all, a possibly playground [...]Read more

EPA Releases Draft Report on Alternatives to HBCD

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The U.S. Environmental Protection Agency (EPA) released a draft report on alternatives to the flame retardant chemical hexabromocyclododecane (HBCD). HBCD has been shown to be persistent, bioaccumulative and toxic. The Design for the Environment (DfE) Alternative Assessments report was developed with stakeholders and public participation and it details the lifecycle of HBCD and exposure information. The report identifies two viable chemical alternatives for HBCD use in polystyrene building insulation, including butadiene styrene brominated copolymer, which is currently in commercial production [...]Read more

White House Withdraws Two Chemical Regulations

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The White House has withdrawn two EPA chemical regulations that have stalled at the White House Office of Management and Budget (OMB) the last few years. The first proposed regulation withdrawn covers additions to EPA’s chemicals of concern list, which would have added chemicals such as bisphenol A (BPA), polybrominated diphenyl ether (PBDE) and several phthalates. The second regulation withdrawn is one that would have made it more difficult for chemical manufacturers to claim confidential business information (CBI) in an effort to shield identities of new chemicals from health and safety studies. [...]Read more

What Others Are Saying About the Chemical Safety Improvement Act of 2013

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Reform of the Toxic Substances Control Act (TSCA) has been a hot button topic for the last few years, and just a few weeks ago Senators Vitter (R-LA) and Lautenberg (D-NJ) released a bi-partisan legislation that has received a lot of attention. The Chemical Safety Improvement Act of 2013 (CSIA) ended up being Sen. Lautenberg’s last attempt at reforming TSCA as he passed away on June 3, and many in both parties hope that they can come together to push this bill forward as an honor to Lautenberg who championed TSCA reform until his passing. We blogged about the bill upon its release, but now we [...]Read more

Carcinogen Added to Prop 65 List Impacting Ovulation Drugs Clomid, Milophene, Serophene

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The California Office of Environmental Health Hazard Assessment (OEHHA) has added clomiphene citrate to the Prop 65 list for chemicals known to cause cancer. Clomiphene citrate is better known by brand names Clomid, Milophene and Serophene and is used to stimulate ovulation in women. The listing is based on a formal requirement by a state of federal agency that the chemical be labeled or identified as a carcinogen or causing reproductive toxicity under the Health and Safety Code. The U.S. Food and Drug Administration (FDA) is the agency that filed the formal requirement. For more information on [...]Read more

Bi-Partisan TSCA Reform Bill Announced

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Sens. Frank Lautenberg (D-NJ) and David Vitter (R-LA) announced a bi-partisan bill to modernize the Toxic Substances Control Act (TSCA). The “Chemical Safety Improvement Act of 2013” would see all chemicals in commerce screened for safety in order to protect public health and the environment. It would also allow industry to continue on a path of innovation, and create and grow jobs for manufacturers. Sen. Vitter said the bill “strikes the right balance between strengthening consumer confidence in the safety of chemicals while also promoting innovation and the growth of an important sector [...]Read more

2013 – The Year California Finally Reins in the Excesses and Abuses of Prop 65?

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It looks like Governor Jerry Brown is taking on Prop 65 in an effort to make California more business friendly, and put a limit on frivolous “shake-down” lawsuits. For decades, manufacturers from all over the globe have had the unpleasant problem of having to pay legal fees to the bounty-hunting plaintiff’s attorneys just to avoid the defensive costs of litigation even when the lawsuit has no merit. Thanks to the excess of one such bounty-hunting plaintiff’s attorney recently skewered in a Sacramento Bee op-ed, Assemblyman Gatto has introduced a bill (AB 227) that looks like it will [...]Read more

Eight Substances Added to EU’s Authorization List; Possible Impact Under California‘s SCP Regulations

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The European Union (EU) has adopted an amendment to Annex XIV of the Registration, Evaluation, Authorization and Restriction of Chemical (REACH) substances regulation. Annex XIV, represents the Authorization List of the REACH program, and the amendment was published on April 18, 2013. The amendment will add trichloroethylene, chromium trioxide, acids generated from chromium trioxide and their oligomers, sodium dichromate, potassium dichromate, ammonium dichromate, potassium chromate and sodium chromate to the authorization list. The elevation of these chemicals under REACH could translate to an [...]Read more

Companies File Suit to Keep BPA off of California’s Prop 65 List

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Last Friday, companies filed a lawsuit to prevent California EPA from putting bisphenol A (BPA) on the state’s Proposition 65 list. The Prop 65 list is for chemicals that are potentially dangerous to human health. The American Chemistry Council (ACC) opposes an Office of Environmental Health Hazard Assessment (OEHHA) proposal that would include BPA on the list as a reproductive toxin. ACC believes OEHHA is trying to find a way to bypass a previous finding by scientific experts that reviewed the same evidence and concluded BPA should not be on the Prop 65 list. How could the agency ignore [...]Read more