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Appellate Court Rejects Effort to Require Prop. 65 Warnings for Acrylamide in Breakfast Cereals

The Second District Court of Appeal has directed a lower court to dismiss a Proposition 65 private plaintiff lawsuit seeking to require breakfast cereal manufacturers to place warning labels on their products due to the presence of acrylamide in them.

Proposition 65 Litigants May Be Entitled to Jury Trials

A prominent law firm has alerted clients to a recent California appellate court decision that it says suggests could allow Proposition 65 litigants to demand jury trials.

EPA Celebrates Two Year Anniversary of New TSCA Law by Announcing Completion of Several Actions

On June 22, then-EPA Administrator Scott Pruitt announced that his agency was celebrating the second anniversary of the 2016 revision of the Toxic Substances Control Act [the Frank R. Lautenberg Chemical Safety for the 21st Century Act] by announcing the completion of several initiatives required under the law. The announcement was one of the last made by Pruitt who resigned his position shortly thereafter.

Industry Group Critical of DTSC's Plan to List Laundry Detergent Additive as Priority Product

On June 11, the Department of Toxic Substances Control held a workshop to discuss its profile of laundry detergents containing nonylphenol ethoxylates (NPEs), which the agency is considering identifying as a "Priority Product" under the agency's Safer Consumer Products (SCP) program.

OEHHA Updates Business Resources for New Warning Regulations

As revamped regulations for posting warnings under Proposition 65 are set to take full effect on August 30, the Office of Environmental Health Hazard Assessment (OEHHA) has updated resources it is offering to help businesses with compliance.

Attorney General Says That New FDA Requirements for Warnings on Cigars Generally Comply With Prop. 65 Warning Requirements

The California Attorney General's office has concluded that compliance with the U.S. Food and Drug Administration's recently-enacted requirements for health warnings on cigars is generally sufficient to meet California's warning requirement under Proposition 65.

OEHHA Moves to Exclude Coffee From Prop. 65 Warning Requirement

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a proposed rule to exempt coffee from carrying a cancer warning under Proposition 65.

Toddler Formula Manufacturers Will Cease Selling Lead-Containing Products after AG Issues Cease and Desist Letters

Two manufacturers of toddler formulas have agreed to stop selling their products in California after the California Attorney General sent letters to them demanding that they cease and desist such sales.

Judge Rejects Attempt by Attorney General to Modify His Injunction against Enforcing Prop. 65 Glyphosate Warning Requirement

A federal judge has rejected a motion by California Attorney General Xavier Becerra asking the judge to modify his decision enjoining the Office of Environmental Health Hazard Assessment (OEHHA) or anyone else from enforcing Proposition 65's warning requirement for the pesticide ingredient glyphosate.

Appellate Court Sides with OEHHA in Challenge to Lead Safe Harbor Level

A state appellate court has upheld the validity of a decades-old decision by the Office of Environmental Health Hazard Assessment (OEHHA) setting a safe harbor level for lead exposure under Proposition 65.

EPA's Problem Formulation Documents Illustrate Agency's Views on Risk Assessment Under TSCA

U.S EPA has announced ten "problem formulation documents," which lay out how the agency plans on doing risk assessments on the initial ten chemicals it has chosen for review under the 2016 TSCA amendments.

Appellate Court Rules That Alcohol Safe Harbor Warning is Sufficient to Shield Wine Producers from Prop. 65 Claim Based on Arsenic Levels

The Second District Court of Appeal has ruled that wine manufacturers, distributors, and retailers ("producers"), who provided OEHHA's generic safe harbor warning for alcoholic beverages, are not liable for failing to provide a separate Proposition 65 warning due to the presence of arsenic in their products.

OEHHA Proposes Lower PHGs for Cis- and Trans-1,2-DCE

The Office of Environmental Health Hazard Assessment is proposing Public Health Goals for cis- and trans-1,2-dichloroethylene (1,2-DCE) in drinking water.

Coalition Brings Suit Over Food Additives

A coalition of health, consumer, and environmental groups has filed a petition with the Ninth Circuit Court of Appeals in San Francisco asking that court to order the U.S. Food and Drug Administration (FDA) to act order the U.S. Food and Drug Administration (FDA) to act on an earlier petition filed by the coalition members.

OEHHA Lists Metalworking Fluid TRIM® VX under Prop. 65

The Office of Environmental Health Hazard Assessment (OEHHA) has listed the metalworking fluid TRIM® VX as a carcinogen under Proposition 65. The listing became effective on May 25, 2018.

OEHHA to Hold Meeting on Proposed Change to Pesticide Safe Harbor Warning Regulation

The Office of Environmental Health Hazard Assessment (OEHHA) has scheduled a public hearing and extended the public comment period related to proposed amendments to its Proposition 65 warning regulations for pesticides.

OEHHA Finalizes Safe Harbor Level for Vinylidene Chloride

The Office of Environmental Health Hazard Assessment (OEHHA) has finalized its previously proposed safe harbor level for vinylidene chloride, or 1,1-Dichloroethene, which was recently listed under Proposition 65.

DTSC Considering Listing NPE Containing Laundry Detergents as Priority Product

The Department of Toxic Substances Control is considering the listing of laundry detergents containing nonylphenol oxylates (NPEs) as a "Priority Product" pursuant to the Department's Safer Consumer Products (SCP) program.

DTSC Releases Final Version of Priority Product Work Plan with Few Changes

The Department of Toxic Substances Control has released the final version of its second Priority Product Work Plan laying out the product categories that the Department staff will investigate for possible listing as Priority Products for the next three years under the Department's Safer Consumer Products (SCP) Program.

EPA Will Go Ahead With Methylene Chloride Rule

U.S. EPA has announced that it will finalize a previously-proposed rulemaking that will ban the use of methylene chloride in commercial paint strippers in the U.S. EPA's announcement that it would proceed with the rulemaking was a pleasant surprise to health and environmental groups dismayed over the agency's earlier announcement of a definite delay in the proposal.