Calif. Lists Cyanide Chemicals as Known to Cause Reproductive Harm

California’s Office of Environmental Health Hazard Assessment (OEHHA) has officially designated hydrogen cyanide (HCN) and cyanide salts (CN salts) as chemicals known to the State of California to cause reproductive harm, effective July 5, 2013.  Beginning July 5, 2014, Companies selling or distributing products that contain HCN or CN salts in the State of California will first have to provide consumers with a health hazard warning.

HCN and CN salts are used in mining, metallurgy, manufacturing, photography, electroplating, and as a rodenticide.  They are also released from burning yard waste, volcanoes, and natural processes and are a component of tobacco smoke.

This designation is based on formal identification by the U.S. Environmental Protection Agency (EPA) that the chemicals cause male reproductive toxicity.  The EPA is considered an “authoritative body” by OEHHA.  OEHHA has authority to designate chemicals as known carcinogens or reproductive toxicants based on the determination of certain specified authoritative bodies.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.