Prop 65 Update: Where the Chips are Falling Six Weeks Later

Buchalter
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It has been over six weeks since the new changes to California’s Proposition 65 (“Prop 65”) took effect. This update summarizes my review of the recent 60-day Notices of Violation. The Plaintiff’s bar is out with a vengeance, targeting all types of consumer products, with a sharp focus on products containing phthalates – DINP, DEHP and DBP. There have also been numerous notices filed related to “Designated Smoking Areas” which is one of the specifically enumerated places where the new warnings must be placed. This is one example of “low hanging fruit”– because the only thing Plaintiffs have to do is look for a sign. If the required sign is not there or the warning is incorrect, your business will undoubtedly receive a notice of violation.

The food and supplement industry is also vulnerable right now. Many of the recent notices involve spices, nut butters and dietary supplements. For the automotive industry, a notice was filed against Pep Boys for selling vehicle lights with suction cups that contain DEHP. In the true consumer products arena, pouches, bags, goggles, earmuffs, earbuds/cords, hangers and backpacks are all subject to violations largely related to vinyl components and the alleged presence of phthalates.

You will note that the most prolific filer is Anthony Ferreiro, represented by Brodsky & Smith. Out of the 42 Notices of Violation identified below, he has filed 12 Notices. The runner up is Consumer Advocacy Group, Inc. represented by Yeroushalmi & Yeroushalmi. They have filed 8 Notices of Violation.

For questions regarding monitoring filings against your business or interest in tracking a specific industry, please see contact information below.

PRODUCT CHEMICAL NOTICING PARTY
Ace Hot Water Nozzle with Rear Trigger Lead and lead compounds Kingpun Chen
Adventure Medical Kits Mountain Explorer First Aid Kit DEHP Anthony Ferreiro
Apron DEHP Anthony Ferreiro
Axis clothing hangers DINP Anthony Ferreiro
Baby Banz Mini Earmuff DINP Anthony Ferreiro
Bin Warehouse Fold-A-Totes DEHP Anthony Ferreiro
Cacoco – Drinking Chocolate Cadmium Erika McCartney
Candle Holders With Handles DEHP Dennis Johnson
Citrus Juicer DEHP Consumer Advocacy Group, Inc.
Compass Design Bag DEHP CA Citizen Protection Group, LLC
Curry Powder Lead and lead components Consumer Advocacy Group, Inc.
Daiso Colorato Pouch with Clear PVC window DEHP Sara Hammond
Damask Closet Storage Bin- Clear Plastic DEHP Anthony Ferreiro
Dietary Supplements Lead and lead compounds Environmental Research Center
Dietary Supplements Arsenic Environmental Research Center, Inc.
Dumbbells DEHP Ecological Alliance, LLC
Dwell Studio Pet Carrier DEHP Precila Balabbo
Earbuds (cords) DEHP Center for Advanced Public Awareness, Inc.
ECO Mask and Snorkel DINP Ema Bell
Environmental Tobacco Smoke (ETS) and Designated Smoking Area (Hookah) Tobacco Smoke Kim Embry
Gloves With Vinyl/PVC Components DEHP Center for Advanced Public Awareness, Inc.
Goggles With Vinyl Components DEHP Anthony Held, Ph.D., P.E.
Golden Stag All Purpose Gloves DEHP Anthony Ferreiro
GoTravel Pouch with PVC Window DINP Sara Hammond
Ground Cinnamon, Ground Sage Arsenic Consumer Advocacy Group, Inc.
Ground Oregano Arsenic Consumer Advocacy Group, Inc.
Kirkland Signature Organic Creamy Peanut Butter/Almond Butter Acrylamide Center for Food Safety
Lalizas Rectangular Flexible Water Tank DINP Anthony Ferreiro
Light Cords DEHP Center for Advanced Public Awareness, Inc.
Luggage tag DEHP Hunter Bolding
Mojo Flock Flicker Bag DEHP Anthony Ferreiro
Novelty Clip-Ons With Vinyl/PVC Components DEHP, DINP Consumer Advocacy Group, Inc.
Olivia Miller Glitter Backpack DEHP Gabriel Espinosa
Plastic Cosmetic Bag DINP Consumer Advocacy Group, Inc.
Plastic Flip Flops DEHP, DINP, DBP Consumer Advocacy Group, Inc.
Rolling Papers Carbon Monoxide Jennifer Fishman
Rustic Ridge Hip Wader- Nylon/PVC DEHP Anthony Ferreiro
Shears DINP Ecological Alliance, LLC
Slalom Waterski Buoy DINP Anthony Ferreiro
Vehicle lights with plastic suction cups DEHP Consumer Advocacy Group, Inc.
WayPoint Heavyweight Dry Pak DEHP Anthony Ferreiro
Wolverine Car Seats Cover Seat –
Clear Plastic Case
DEHP Anthony Ferreiro

 

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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