Environmental General Business Products Liability

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HCS: OSHA Publishes Interim Enforcement Guidance for the Hazard Communication Standard

On May 29, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012) June 1, 2015 Effective Date" (Interim...more

Court Of Appeal Upholds “Safe Harbor” Exemption From Prop 65 Warnings For Lead In Fruit Products

In a much anticipated decision, a California Court of Appeal has upheld a trial court ruling for the defense, finding that trace levels of lead in packaged fruits, vegetables and fruit juice products require no Proposition 65...more

Wisconsin Supreme Court's misapplication of the pollution exclusion and disregard for policyholders' business and purpose in...

Last week, the Wisconsin Supreme Court issued two opinions in which it held that pollution exclusions barred coverage for third-party claims resulting from alleged contamination of water due to the seepage of cow manure and...more

California Earthquake: “Proposition 65” About to be Rocked?

California’s “Proposition 65” warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the State’s large marketplace....more

Proposition 65 May Mean More Than Warning Signs and Lawsuits

As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law. Recently, the California Office of Environmental Health Hazard Assessment...more

Proposition 65 Plaintiff Group Seeks to Rescind “Safe Harbor” Standard for Lead

Mateel Environmental Justice Foundation, which has a long history as a Proposition 65 plaintiff, filed a writ petition earlier this week seeking to challenge and rescind the “safe harbor” level for lead under Proposition 65. ...more

Get Ready Now for the Upcoming Proposition 65 Warning Requirements for DINP and Other Chemicals

With the 2014 holiday season fast approaching, businesses should not lose sight of what the Proposition 65 “bounty hunter” plaintiffs’ lawyers are eagerly awaiting. And that’s the opportunity to send out 60-Day Notice letters...more

‘Chemical (Over)reaction’?: States Push for Tighter Regulation of Consumer Products

The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion. Progressive legislators in states such as California,...more

Policyholders with Long-Tail Claims Under Liberty Mutual Policies Should Be Prepared for 'Sea Change' in Claims Handling After...

On July 17, 2014, Liberty Mutual Insurance Company announced that it had entered into a multi-billion-dollar “retroactive reinsurance” arrangement with National Indemnity Company (“NICO”), a subsidiary of Berkshire Hathaway,...more

Forum-Shopping Insurance Companies' Latest Tricks

Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed...more

Green Chemistry Regulatory Push Among States Continues

What began in 2008 with a few states enacting laws to address the perceived threats to children from chemicals in toys and kids’ products has become a full-fledged “green chemistry” movement in dozens of states. These laws...more

Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

Is the Absolute Pollution Exclusion Absolute? It Depends on Which State Answers the Question

The battle over the scope of the absolute pollution exclusion in general liability policies continues to be fought in the context of defective drywall manufactured in China. An earlier blog entry discussed a Virginia court...more

Burning Questions: Furniture and Baby Supply Industries Hit With Prop. 65 Notices for Newly Banned Flame Retardant TDCPP

What started as an effort to make upholstered products safer for consumers has apparently backfired on the furniture and baby supply industries. In the past four months since Proposition 65 (Prop. 65) action has been allowed...more

Proposition 65 Activity Heats Up On Flame Retardant

Tris (1,3-dichloro-2-propyl) phosphate (TDCPP) is a chemical used as a flame retardant by the furniture industry to meet flammability standards, including California’s TB 117. TDCPP is found in the polyurethane foam used in...more

California Publishes New Draft of Informal Green Chemistry Regulations

Yesterday the California Department of Toxic Substances Control (DTSC) convened a Green Ribbon Science Panel (GRSP) to continue work on the state's Green Chemistry initiative. Readers may recall from previous posts that...more

Consumer Product Alert: California Revives Green Chemistry Initiative with Draft Regulations that Impact Manufacturers, Importers,...

After a failed attempt last year that sent state regulators back to the drawing board, California is pushing forward with its own regulation of chemicals in consumer products. On October 31, 2011, the California Department of...more

EPA Decision Highlights Risks to Retailers Under FIFRA

A United States Environmental Protection Agency ("EPA") administrative judge levied $409,490 in penalties against California-based retailer 99¢ Only Stores for selling pesticidal products that were either not registered with...more

The "Naturally Occurring" Defense In Proposition 65 Cases Involving Food Products

California's Proposition 65 requires businesses to provide reasonable warnings before knowingly and intentionally exposing individuals to chemicals known to the state to cause cancer or reproductive toxicity. This duty to...more

Greening of Consumer Products - May 7, 2008

IN THIS ISSUE: *FTC workshop focuses on retailers' environmental claims made on packaging *More US companies are investing in environmentally friendly business products in order to cut future costs *Survey indicates...more

New EPA Reporting Requirements for Lead in Children's Products (Ages 14 and Under)

In the wake of multiple recalls of children’s toys, jewelry and other household articles, and under pressure from environmental advocacy groups to exercise its regulatory authorities under the Toxic Substances Control Act...more

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