Prop 65 Round-Up - February 2023

Prop 65 Counsel: What To Know

PFAS-Containing Consumer Products Under Attack in California

ArentFox Schiff Perspective

Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in California. As discussed below, a wave of prohibitions on PFAS in consumer products has recently or will soon come into effect in California and we expect to see an increase in related consumer products class action lawsuits.  

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Citizen Group Asks High Court To Reinstate Prop. 65 Acrylamide Warning

A private group that helps to enforce California’s Proposition 65 toxic warning label law is petitioning the Supreme Court to overturn circuit judges’ injunction blocking the state from requiring a warning for the food chemical acrylamide, arguing that the order violates groups’ First Amendment rights and exceeds federal limits on such action.

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Vessels like marijuana water pipes not subject to Prop. 65, California Supreme Court finds

Northern California Record

The California Supreme Court has placed some limits on the use of Proposition 65 health warnings by ruling that manufacturers of “bong pipes” used to smoke marijuana need not inform their customers about potential chemical exposure risks.

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Farmworker communities call on the State to Rewrite Regulation of Cancer-Causing Pesticide

San Francisco Bay Area Independent Media Center

One hundred farmworker community residents and their allies filled Cal EPA’s Byron Sher Auditorium, as well as participated through zoom, protesting the Department of Pesticide Regulation’s (DPR) proposed regulation for the cancer-causing pesticide 1,3-dichloropropene (1,3-D, brand name Telone). The Wednesday morning public hearing saw testimony from dozens of speakers asserting that their lives were “not worth 14 times less than other Californians.” The phrase was in reference to DPR’s choosing a 1,3-D regulatory target concentration 14 times higher than the “safe harbor level” established by the Office of Environmental Health Hazard Assessment last June.

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OEHHA Notices

Overview of the 2022 Meeting of the Developmental and Reproductive Toxicant Identification Committee (DARTIC)

A meeting of the Proposition 65[1] Developmental and Reproductive Toxicant Identification Committee (DARTIC)[2] was held on October 18, 2022. The main agenda item was on the use of zebrafish data in developmental and reproductive toxicant health hazard assessment. Zebrafish are increasingly used as a model organism in toxicity testing, including for developmental and reproductive toxicity. OEHHA has included zebrafish study data and other types of new toxicological data in our hazard identification documents. The DARTIC meeting explored the scientific underpinnings and further use of Zebrafish evidence in identifying chemicals posing reproductive hazards, to inform future use of these data.

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Chemicals Listed Effective January 27, 2023 as Known to the State of California to Cause Cancer: 1-Bromo-3-Chloropropane, 1-Butyl Glycidyl Ether, and Glycidyl Methacrylate

Effective January 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) is adding 1-bromo-3-chloropropane (CAS RN 109-70-6), 1-butyl glycidyl ether (CAS RN 2426-08-6), and glycidyl methacrylate (CAS RN 106-91-2) to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65[1]. The listing of these chemicals is pursuant to the “Labor Code” listing mechanism[2]. The warning requirement for significant exposures to these chemicals will take effect on January 27, 2024.

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