Prop 65/Environmental Blog

In 1986, the California electorate overwhelmingly passed Proposition 65, formally known as “The Safe Drinking Water and Toxic Enforcement Act of 1986.”  In enacting Proposition 65, the electorate explicitly found that California state agencies had failed to protect Californians from hazardous chemicals that pose a serious potential threat to their health and well-being...
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recent posts - prop 65/environment

posted on April 30, 2013
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has requested relevant information on whether the chemical Trichloroethylene (TCE) meets the criteria for listing as a chemical known to the State to cause reproductive harm.  This request for relevant information is being proposed under Health and Safety Code section 25349.8)b) and Title 27, Cal. Code of Regs. Section 25306. TCE must be listed under Proposition 65 as a chemical... full text
posted on April 25, 2013
A recent article in The Wall Street Journal reported on the potential risk of phthalates and Bisphenol A (BPA) being released when food is microwaved in plastic containers.  Several phthalate chemicals have been designated by California as chemicals known to cause cancer and reproductive harm, and BPA has been designated as known to cause reproductive harm, although a suit is challenging such designation for BPA. Dr. Rolf Haden of the Center for Environmental Security at the Biodesign... full text
posted on April 23, 2013
A study carried out in California’s San Joaquin Valley demonstrated a possible link between high air pollution and birth defects.  The results were posted in The American Journal of Epidemiology. Even adjusted for smoking, maternal age, multivitamin use, and other variables, researchers found that a mother living in areas with the highest levels of carbon monoxide or nitrogen oxide was almost twice as likely to give birth to a child with birth defects as one living in areas with the... full text
posted on April 19, 2013
A Sacramento County judge granted a preliminary injunction today in favor of the American Chemistry Council (ACC) in their case against California’s Office of Environmental Health Hazard Assessment (OEHHA).  The injunction requires that OEHHA remove the chemical Bisphenol A (BPA) from California’s Prop 65 list of chemicals known to cause reproductive harm, effective immediately, until the case is heard at trial this summer.  Under Proposition 65, companies offering... full text
posted on April 18, 2013
Attorneys, scientists, nonprofits, and government officials gathered in San Francisco on Monday, April 8, 2013 at the annual Proposition 65 Conference held by the Prop 65 Clearinghouse to discuss the latest issues and developments in Proposition 65 compliance, enforcement, and defense.  Among the attendees were attorneys from The Chanler Group, including Josh Voorhees, who was a featured panelist during one of the afternoon sessions. The conference agenda included presentations and panels... full text
posted on April 17, 2013
Last month, Peter Englander, John Moore, and Laurence Vinocur, clients of The Chanler Group, commenced Proposition 65 private enforcement actions against manufacturers, distributors, and retailers of upholstered furniture, alleging that the products offered for sale by these entities  contain the flame retardant TDCPP,  chemicals known to the State of California to cause cancer.  Proposition 65 mandates that companies selling products in California that contain chemicals known to... full text
posted on April 12, 2013
On April 11, 2013, the State of California, through its Office of Environmental Health Hazard Assessment (OEHHA), officially designated Bisphenol A (BPA) as a chemical known to cause developmental and reproductive harm.  Under Proposition 65, products containing chemicals known to the State of California to cause cancer, birth defects, or reproductive harm cannot be sold in California unless a health hazard warning is provided.  Under state law, companies selling products containing... full text
posted on April 11, 2013
Rising public concern and the Chicago Tribune’s investigative series on the toxic nature of common flame retardants found in upholstered foam furniture has given rise to new state legislation aimed at restricting or banning these flame retardant chemicals, Prop 65 News reported recently. California, Connecticut, Maryland, Massachusetts, New Jersey, Vermont, and Washington have all introduced legislation that would ban or restrict the use of flame retardant chemicals known as chlorinated... full text
posted on April 11, 2013
Peter Englander, John Moore, and Laurence Vinocur--clients of The Chanler Group--today served thirteen 60-Day Notices of Violation of Proposition 65 on companies offering furniture and other products for sale in California that contain chemicals known to cause cancer or reproductive harm, without the required health hazard warning.  TCG's citizen enforcers allege that the companies' products contain the phthalate DEHP and the flame retardant chemicals TDCPP and TCEP.  DEHP is... full text
posted on April 9, 2013
A Proposition 65 trial involving the alleged presence of lead in baby food began this week in Oakland, Calif.  The lawsuit was filed by the Environmental Law Foundation, a nonprofit organization, which seeks injunctive relief from the Court, ordering that the companies making and selling the baby food—including Beech-Nut, Del Monte, Dole, Gerber, and Smucker’s, to name a few—provide a clear and reasonable warning that consumers of the products are exposed to lead, a... full text