Arent Fox

Prop 65 Counsel: What to Know

This California Warning Might Cause Alarm – or Apathy

The Sacramento Bee

The discussion about including the most commonly used drug in the US has once again raised questions about the value of Proposition 65 warnings to consumers.

Environmental advocates say the law has compelled companies to quietly make their products and emissions less toxic. But some economists who are critical of government regulation argue the law has gone too far, plastering the state with warnings so ubiquitous that they’ve become meaningless to most consumers.

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Less Than One Month Until California Online Ingredients Disclosure Requirements in Effect for Designated Cleaning Products

The National Law Review

The online ingredient disclosure requirements set forth under California’s law are applicable to designated products sold in California as of January 1, 2020. The product label disclosure requirement is applicable to designated products sold in California on or after January 1, 2021.

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State Considers Putting Additional Warning Label on Cannabis Products

The Daily Californian

The California Office of Environmental Health Hazard Assessment, or OEHHA, will hold a meeting Wednesday to determine whether cannabis smoke and THC — the chemical in cannabis that makes people “high” — will be added to a list of harmful toxins, per Proposition 65.

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California Calls Pot Smoke, THC a Risk to Moms-To-Be

The Washington Post

A California panel voted Wednesday to declare marijuana smoke and the drug’s high-producing chemical — THC — a risk to pregnant women and their developing fetuses and require warning labels for products legally sold in the nation’s largest pot market.

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California Chamber of Commerce Challenges State's Cancer Warning Label Requirement for Acrylamide

Legal Newsline

The California Chamber of Commerce is legally challenging the state's Office of Environmental Health Hazard Assessment's requirement to provide cancer warnings to consumers about exposure to acrylamide per California's Proposition 65.

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OEHHA Notices

Notice of Extension of the Public Comment Period for the Proposed Rulemaking for P Chloro-α,α,α-Trifluorotoluene (PCBTF) Proposed Amendments to Sections 25705 No Significant Risk Level

A Notice of Proposed Rulemaking to adopt a Proposition 65 No Significant Risk Level (NSRL) of 23 micrograms per day for p-chloro-a,a,a-trifluorotolune (PCBTF) by amending Title 27, California Code of Regulation, section 25705, was published in the California Regulatory Notice Register on October 18, 2019. The notice initiated a 45-day public comment period that was scheduled to close on December 2, 2019.

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Issuance of Safe Use Determinations and Interpretive Guidelines for Chlorothalonil Residues in Certain Foods Resulting from Pesticidal Use of the Chemical

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986. OEHHA received a request for a Safe Use Determination (SUD) for exposures to chlorothalonil residue in certain foods resulting from pesticidal use of the chemical.

The request was made by Dentons US LLP and Technology Sciences Group Inc., on behalf of Syngenta Crop Protection, LLC pursuant to Title 27 of the California Code of Regulations, section 25204(b)(3).

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Announcement of the Developmental and Reproductive Toxicant Identification Committee Meeting Scheduled for December 11, 2019, Notice of Availability of Hazard Identification Materials for Cannabis (Marijuana) Smoke and Δ-9-Tetrahydrocannabinol (THC)

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of Proposition 65. The Developmental and Reproductive Toxicant Identification Committee (DARTIC) of OEHHA’s Science Advisory Board serves as the state’s qualified experts and renders an opinion about whether a chemical has been clearly shown to cause reproductive toxicity.

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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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