Court Considers Permanent Injunction on Arbitration Law

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Prop 65 Counsel: What To Know

Court to Consider Permanent Injunction on Arbitration Law; Prop. 65 Acrylamide Lawsuit Pending

CalChamber Advocacy

On Friday, US District Judge Kimberly J. Mueller is expected to hear arguments on whether to permanently stop a new California law banning arbitration agreements made as a condition of employment from taking effect.

Mueller issued a temporary restraining order on the arbitration law, AB 51, on December 30, 2019, thus preventing it from taking effect on January 1.

The law sets substantial civil enforcement mechanisms, providing possible avenues for investigation and enforcement action by California state departments, and for lawsuits by individuals.

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New York restricts 1,4-dioxane in cleaning and personal care products


New York is banning the sale of household cleaning and personal care products containing more than 2 ppm of 1,4-dioxane at the end of 2022. The state is the first in the US to set a maximum contaminant limit in products for 1,4-dioxane, which the US Environmental Protection Agency says is a likely human carcinogen and does not readily biodegrade in the environment.

The law, signed by Gov. Andrew M. Cuomo on Dec. 9, further tightens the limit to 1 ppm on Dec. 31, 2023. The law also prevents the sale in New York of cosmetics with more than 10 ppm of 1,4-dioxane as of the end of 2022.

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California to Require Additional Pot Smoke Warnings

Bloomberg Environment

Marijuana smoke and the active ingredient in cannabis are now considered harmful to the human reproductive system in California and will require additional product warnings.

The California Office of Environmental Health Hazard Assessment (OEHHA) added the chemicals to its Proposition 65 list on January 3 in response to concerns that marijuana use, which is legal for people 21 and over, could cause developmental problems in children if cannabis is smoked during pregnancy.

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California to Require Additional Pot Smoke Warnings

Chemical Watch

California’s Office of Environmental Health Hazard Assessment has issued a Proposition 65 safe use determination (SUD) for the use of styrene in certain bath products.

A SUD, which can be requested by regulated parties, represents a formal opinion by the agency on whether a Prop 65 warning is required for specific exposures.

In this case, Tech America Corporation, on behalf of Fiber Care Baths, submitted a 2018 request for Oehha to issue a determination that exposure to styrene from its products does not present a significant cancer risk that requires a warning.

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OEHHA Notices & Announcements

Chemicals Listed Effective January 3, 2020 As Known to The State of California To Cause Reproductive Toxicity (Developmental Endpoint): Cannabis (Marijuana) Smoke and Δ9-Tetrahydrocannabinol (Δ9-THC)

Effective January 3, 2020, the Office of Environmental Health Hazard Assessment is adding cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9-THC) to the list of chemicals known to the state to cause reproductive toxicity (developmental endpoint) for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)[1].

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Proposition 65 Interpretive Guideline No. 2020-01, Residential Exposure to Dichlorvos

The Office of Environmental Health Hazard Assessment (OEHHA) announces the availability of a Proposition 65 interpretive guideline for residential exposure to dichlorvos (DDVP) in naled bait stations and lures during invasive pest eradication program activities.

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Carcinogen Identification Meeting Postponed and Announcement of Additional Public Comment Period

The Office of Environmental Health Hazard Assessment (OEHHA) is announcing the postponement of the Carcinogen Identification Committee (CIC) meeting scheduled for December 5, 2019, and the opening of an additional public comment period on the potential listing by the CIC of acetaminophen as a carcinogen under Proposition 65. OEHHA is postponing the meeting to provide the public additional time to submit relevant scientific information concerning the potential listing.

The public comment period will commence on November 29, 2019 and end on January 27, 2020. All comments received will be provided to the committee for their consideration. The CIC meeting will be rescheduled after the close of the public comment period.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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