Leading the Lead Revolution With the Consortium for Battery Innovation — Battery + Storage Podcast
Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more
In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits. Consumer Reports discovered something...more
Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more
The U.S. Food and Drug Administration (FDA) has issued an alert warning parents of elevated lead levels in WanaBana apple cinnamon fruit puree pouches. The FDA’s alert also applies to Schnucks and Weis brand cinnamon-flavored...more
The Environmental Protection Agency announced July 12 “a proposal to strengthen requirements for the removal of lead-based paint hazards in pre-1978 buildings and child care facilities… to better protect children and...more
Lead poisoning in children has been a known risk for more than 100 years. Toxic exposures to lead and other heavy metals can lead to problems with learning, cognition and behavior....more
The United States Environmental Protection Agency (“EPA”) released a document titled: Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (October 2022) (“Strategy”)...more
The EPA’s revised lead strategy has cleared the interagency review process, and is expected to be released later this year. The revised strategy outlines the EPA’s intent to work with other federal agencies such as the CDC to...more
EPA faces continuing pressure to improve the way it protects communities from lead in drinking water. One focus of the current EPA has been the Lead and Copper Drinking Water Rule Revisions (“LCRR”), promulgated under the...more
The Region 6 Office of the United States Environmental Protection Agency (“EPA”) issued an October 29th news release announcing it awarded $224,000 to the Arkansas Department of Education (“ADE”)....more
Last month, we shared compliance lessons to learn from the $20.75 million penalty faced by Home Depot related to renovations of pre-1978 residences. The U.S. Environmental Protection Agency (EPA) press release states that the...more
California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 – or “Prop. 65” – requires “clear and reasonable warnings” on consumer products (including foods) sold in California if use...more
The United States Environmental Protection Agency (“EPA”) announced in a February 20th news release that it was awarding $420,000 to the Arkansas Department of Education to assist with identifying sources of lead in drinking...more
On June 27, 2019, California Governor Newsom approved Senate Bill 83. This budget bill contained a provision setting a September 30, 2020 deadline for Cal/OSHA to adopt a revised lead exposure standard. The bill requires...more
The United States Occupational Safety and Health Administration (“OSHA”) issued a July 24th news release stating that it had cited Scots Christopher Rule, LLC (“SCR”) for alleged violations involving the renovation and...more
The Occupational Safety and Health Administration (“OSHA”) issued a February 4th news release stating that it had cited Tap Rack Bang Indoor Shooting Range LLC, (operating as The Gun Range) (“ISR”) for alleged violations. ...more
LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more
We HGTV viewers have learned so much from Joanna and Chip Gaines, the Fixer Upper duo. The most recent lesson is not just for those interested in home renovations and shiplap. Multi-family property owners and managers need to...more
February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more
The Environmental Protection Agency (EPA) must propose an update of its lead-based paint and dust hazard standards by March 27, 2018, according to a court order. The current standards were promulgated in 2001, and have never...more
As a follow-up to my post last week about the 9th Circuit decision requiring EPA to propose new lead paint standards under TSCA within 90 days, I was encouraged to see Cass Sunstein support the decision in a BloombergView...more
The United States Environmental Protection Agency (“EPA”) and R S Dearing Construction (“RSDC”) entered into a December 6th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Toxic Substance...more
Illustrating the limits of New York’s discovery rule, a New York appeals court dismissed claims alleging injuries from lead paint exposure as barred by the statute of limitations. See Vasilatos v. Dzamba, No. 523286 (N.Y....more
In a recent trial in Los Angeles Superior Court in the matter AFS Enterprises, LLC, v. Reckitt Benckiser, PLC, Los Angeles Superior Court Case No. BC539678, the plaintiff brought a single claim under Proposition 65 (Safe...more