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Proposition 65 Hot Button Issue: Caramel Coloring in Soft Drinks

Beverage companies PepsiCo and Goya face a spate of class action lawsuits relating to the caramel coloring in their soda drinks. In January, Consumer Reports, an independent product testing organization, released a report...more

Delayed Discovery Cannot Cure Defective Pre-Litigation Investigations for Proposition 65 Suits

A California appellate court recently determined that a consumer group’s failure to conduct required pre-litigation investigations of several restaurant chains’ alleged Proposition 65 violations warranted dismissal of the...more

California Environmental Law and Policy Update

Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 - The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more

Environmental Law - Mar 14, 2014: California Proposes Inaugural List of Priority Products to Be Regulated by the Safer Consumer...

After years in the making, the California Department of Toxic Substances Control (DTSC) released its list of the first group of Priority Products it proposes to regulate under the California Safer Consumer Products...more

BRG Review: Winter 2014 - Volume 4, Issue 1

In This Issue: - Introduction - Market Share Liability from an Economics Perspective - The Safety of Chemical Products - Chemical Leaks and Spills - Excerpt from Introduction: An important...more

Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products

Once again, California is on the leading edge of environmental programs. An approaching April 1, 2014, deadline for publication of a “Priority Products List” under “Safer Consumer Products Regulations” that first went into...more

Trade & Manufacturing Alert - March 2014

In This Issue: - President Obama Highlights Manufacturing And Trade Issues In The State Of The Union Address - United States And EU Join 11 Other Countries In Launching Negotiations To Liberalize Trade In Green...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

Railroad Company Involved in Deadly Explosion Seeking Bankruptcy Protection

Railroad Company Involved in Deadly Explosion Seeking Bankruptcy Protection by Joel R. Glucksman on August 20, 2013 Railroad company Montreal, Maine & Atlantic Ltd., which has recently been in the media spotlight for...more

Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-empts California Proposition 65

One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation (ELF) suit in Alameda County, CA Superior Court (ELF Lead In Food Case, available at...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

Insurance Recovery Law -- Apr 18, 2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

California Environmental Law and Policy Update - April 8, 2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

The Disturbing Truth About Asbestos

When it comes to asbestos, the advice of the U.S. Environmental Protection Agency can be summed up in three words: Do Not Disturb. The highly toxic building material poses no threat to those who must co-exist with it —...more

CWP 4750 of 2013 [Hemant Goswami vs. Union of India]

PIL - Ban Identified Carcinogens

The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more

EPA Continues to Ignore the Dangers of Lead for Children

In 2001, the Environmental Protection Agency (EPA) set hazard standards for levels of lead, the measure of which is critical to children’s health. Despite calls from the agency’s science advisors, says USA Today, the federal...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

Product Liability Advisory - November 2012: BPA Linked to Adverse Reproduction Effects in Rhesus Monkeys

A recent study published in the “Proceedings of the National Academy of Sciences” found that Bisphenol A (BPA) can adversely affect fetal development in rhesus monkeys. The study’s findings raise concerns regarding BPA...more

McAfee & Taft RegLINC - July 2012: Industry groups voice concern over OSHA’s change to HazCom standard by Heidi Slinkard Brasher

Several industry groups – including the American Petroleum Institute, CropLife America, American Tort Reform Association, National Oilseed Processors Association, and American Chemistry Counsel – have petitioned a federal...more

Sands Through the Hourglass or the Next Big Tort?

This article discusses hydraulic fracturing, the technology, and the initial litigation related to the activity....more

Compliance Update: REACH, Q4 2011

The latest enacted, amended, and revised REACH requirements; proposed REACH requirements; and REACH enforcement actions in Q4 2011. Includes proposed amendments and new restrictions on lead and mercury; recommendations on...more

An Environmental Alert: Recent Environmental Case Counsels Caution In Sale of Hazardous Scrap or Waste Materials

Section 107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) makes a party that "arranged for disposal" of hazardous substances liable for the cost to cleanup a contaminated...more

Cleaning Up Misinformation About Cleaning Products

When it comes to the green revolution, you’re a conscientious soldier. You care about the effect consumer products have on your health and the health of the planet. You read labels. You understand that chemical use has...more

Dry Your Tears Over Baby Shampoo

Last week, Johnson & Johnson surrendered. After sustained pressure from consumer watchdog groups, the manufacturer has decided to eliminate from its baby products any preservatives that might release even trace amounts of...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

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