Here is the latest roundup of Proposition 65 chemical issues looming on the horizon for consumer products. Reminder: warnings are required 12 months after the listing effective date, assuming that there is an exposure, and the exposure exceeds the level
Jeff Margulies (US)
California Governor signs Proposition 65 amendment
Updating our prior post, California Governor Jerry Brown has signed the Proposition 65 amendment bill. As of January 1, 2018, Proposition 65’s certificate of merit requirements will be amended to:
- Require the Attorney General to send a letter to
…
California legislature seeks to clarify Prop 65 certificate of merit discovery rules
The California Legislature has done something it’s found exceedingly difficult to do since Proposition 65’s adoption by ballot initiative 31 years ago: amend the law.
For only the third time since 1986, the Legislature has made substantive revisions to Prop…
ALERT: Merchants face new wave of class actions alleging excessive shipping charges
Recently filed complaints seemingly forecast a new type of class action in California courts: consumer protection claims based on allegations that merchants are overcharging consumers for shipping and delivery charges. Such claims have the potential to affect all companies selling…
Shedding some light on BPA settlements
In our post last week, we outlined the terms of the first two published Proposition 65 BPA settlements, for polycarbonate drinkware. We explained that we don’t know if these settlement terms would become a standard for future settlements and compliance…
First Proposition 65 BPA settlements hit
After months of speculation about the first BPA settlement reformulation standards, we have our first clue: 1,000 parts per million with an option to warn.
Serial polycarbonate drinking glass user Anthony Ferreiro resolved his allegations of BPA exposure without a…
Prop 65 safe harbor level for BPA finalized
Following the California Office of Environmental Health Hazard Assessment’s proposed regulations for temporary point-of-sale warnings for BPA exposures from canned and bottled foods and beverages, this week OEHHA finalized the Maximum Allowable Dose Level for BPA of 3 micrograms per…
The seal is broken on BPA
After significant industry speculation over what consumer products would be the first targets for Proposition 65 BPA enforcement, the Center for Environmental Health issued the first BPA 60-day notice of violation on June 14, 2016, a little over a month…
Update: OEHHA issues revised Prop 65 warning regulations
On May 16, OEHHA issued its fifth iteration of the revised Proposition 65 warning regulations. As these changes largely seek to clarify existing language in the proposed regulations since the prior revision in March, we have a pretty good idea…
WARNING: OEHHA announces proposed regulations and a safe harbor level for BPA
After several false starts, Proposition 65 warnings will be required for exposures to bisphenol A (BPA) starting on May 11, 2016. Because of tremendous uncertainty regarding the amount of BPA exposure that will require a warning, as well as the…