Prop 65 Roundup - September 2023
Prop 65 group loses latest challenge to injunction blocking coffee-causes-cancer lawsuits
Legal Newsline
In California, products containing certain ingredients that are on the Prop 65 list as possible carcinogens require a warning label. But a 2019 regulation stated it would be unnecessary to include acrylamide on the Prop 65 list, severely hampering CERT's effort to push litigation.
Harry's shaving products, Rite Aid face Prop 65 class action over shaving gel
Northern California Record
Shaving products maker Harry's and pharmacy chain Rite Aid are among the latest companies targeted under lawsuits brought under California's Proposition 65, accusing Rite Aid of selling a shaving gel made by Harry's that allegedly contains a carcinogen.
OEHHA Notices
Priority List for the Development of Proposition 65 No Significant Risk Levels for Carcinogens
The Office of Environmental Health Hazard Assessment (OEHHA) has established safe harbor levels, which include No Significant Risk Levels (NSRLs), for many of the chemicals listed under Proposition 65. (Title 27, California Code of Regulations, sections 25705 and 25709.) Proposition 65 warnings are not required for exposure to a chemical at or below its safe harbor level.
OEHHA has just added the following three chemicals to its priority list for NSRL development:
- Antimony trioxide
- Ethylene oxide
- 1-Bromopropane
Proposition 65 No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs)
Safe harbor levels, which include No Significant Risk Levels (NSRLs) for cancer-causing chemicals and Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity, have been established for many of the chemicals listed under Proposition 65. Exposure levels and discharges to drinking water sources that are below the safe harbor levels are exempt from the requirements of Proposition 65.
On September 1, 2023, OEHHA published an updated list of NSRLs and MADLs that now contains 308 entries.
Chemicals Listed Effective August 11, 2023 as Known to the State of California to Cause Cancer: Anthracene, 2-Bromopropane, and Dimethyl Hydrogen Phosphite
Effective August 11, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) is adding anthracene (CAS RN 120-12-7), 2-bromopropane (CAS RN 75-26-3), and dimethyl hydrogen phosphite (CAS RN 868-85-9) to the list of chemicals known to the State of California to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, sections 25249.5 et seq. of the Health and Safety Code (HSC), otherwise known as Proposition 65. The listing of these chemicals is pursuant to the “Labor Code” listing mechanism (HSC section 25249.8(a); Title 27 Cal. Code of Regs. section 25904).
Contacts
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