Elementis Chromium to Pay $2.5M for Failure to Disclose Hex Chrome Risks
Elementis Chromium, one of the largest manufacturers of chromium chemicals in the world, has been ordered to pay a penalty of over $2.5 million for failure to disclose the health risks of exposure to hexavalent chromium to workers in chemical production plants, as required by the Toxic Substances Control Act (TSCA), Environmental Protection Agency reported last month.
TSCA requires chemical manufacturers, processors, or distributors that obtain information demonstrating that a substance or mixture presents a substantial risk of injury to human health or the environment to immediately inform the U.S. Environmental Protection Agency (EPA). This information allows EPA to understand and limit, when necessary, potential hazards associated with the manufacturing, use, and disposal of chemical substances. Elementis allegedly failed to report the results of an industry-commissioned study that documented significant occupational impacts to workers in modern chemical plants. According to EPA, the study filled a gap in scientific literature regarding the relationship between hexavalent chromium exposure and respiratory cancer in modern chromium production facilities.
Hexavalent chromium, or Cr-IV, has been designated a chemical known to the State of California to cause cancer, and under Proposition 65 businesses offering products for sale in California containing Cr-IV must first provide consumers with a health hazard warning. The Chanler Group’s clients have enforced Proposition 65 against many manufacturers and retailers of power tools, automotive products, adhesives and solvents for failure to disclose the health hazards associated with exposure to hexavalent chromium.
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.