Tide of Notices Ebbs for Summer– by Rick Lovett at Prop. 65 News

Excerpted from the full length article at Prop. 65 News:

In the dog days of summer, it appears that even Proposition 65 enforcers relax. From July 16 through August 31, the attorney general’s office reported a substantial downturn in filing of 60-day notices. The tally for the six-week period: a mere 119.

The notices, as usual, sounded a mix of new themes and familiar refrains. On the familiar side were 18 cigar-sales notices against hotel chains from Southern California private enforcer Morse Mehrban. Virtually all of these were resubmissions of prior notices.

Also repeating a favorite theme was private enforcer Michael DiPirro, who filed 47 notices alleging crystalline silica, heavy metal, paradichlorobenzene, toluene or other exposures from such products as building supplies (grout mortar and flooring products), deodorant blocks, soldering supplies, paints and adhesives, glazes, and nail polish.

Although the general scope of DiPirro’s notices was familiar, some of the products targeted were unique. For example, diatomaceous earth sold for use in water filters and sand sold for children’s sand boxes were both alleged to expose unsuspecting people to crystalline silica.

DiPirro’s notices typically allege both consumer and occupational exposures. But his attorney’s, Hudson Blair and Clifford Chanler, the latter of whom has engaged in some of Proposition 65’s hardest-fought preemption battles, have added a new class of exposures to their notices, designed to circumvent OSHA-based preemption. According to one notice:

“California consumers purchase the products at issue and are exposed to the listed chemical in the products. Similarly, men and women in California use their products as a part of their jobs and are, therefore, subject to occupational exposures to the listed chemical. In addition, these products are used y sole proprietors and other persons in settlings not covered by the OSH Act.” link to source.