04/15/2021 | News release | Distributed by Public on 04/15/2021 10:05
As we previously reported, in 2019 the California Chamber of Commerce filed suit against the State of California requesting that the State and private enforcers be enjoined from requiring Proposition 65 warnings on foods that contain acrylamide. Since then, manufacturers and distributors of certain food products have been anxiously awaiting any type of decision that will provide them with guidance on how to proceed.
Law360
A California federal judge issued a preliminary injunction sought by the California Chamber of Commerce preventing new lawsuits from being filed under a law requiring warnings about the 'known' carcinogenic chemical acrylamide in food, saying the state's attorney general did not show the warnings are 'purely factual and uncontroversial.'
Boating Industry
On Monday, NMMA submitted comments to the California Office of Environmental Health Hazard Assessment (OEHHA) - which recently announced proposed changes to California's Proposition (Prop.) 65 short-form warning requirements.
FoodSafetyTech
The risk of opportunistic litigation based on California Prop 65 drives the need to monitor updates and enforcement of this right to know law.
OEHHA has selected perfluorooctane sulfonate (PFOS) and its salts and transformation and degradation precursors (referred to hereafter as 'this chemical') for the CIC's review for possible listing under Proposition 65.
OEHHA has selected perfluorodecanoic acid (PFDA) and its salts, perfluorohexanesulfonic acid (PFHxS) and its salts, perfluorononanoic acid (PFNA) and its salts, and perfluoroundecanoic acid (PFUnDA) and its salts for the DARTIC's review for possible listing under Proposition 65. These chemicals were selected from chemicals prioritized by the DARTIC in 2020.
Safe harbor levels, which include No Significant Risk Levels (NSRLs) for cancer-causing chemicals and Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity, have been established for many of the chemicals listed under Proposition 65. Exposure levels and discharges to drinking water sources that are below the safe harbor levels are exempt from the requirements of Proposition 65.
Effective March 19, 2021, the Office of Environmental Health Hazard Assessment (OEHHA) is adding molybdenum trioxide (CAS No. 1313-27-5) and indium tin oxide (CAS No. 50926-11-9) to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65. The listing of these chemicals is pursuant to the 'Labor Code' listing mechanism.
OEHHA published an updated list of safe harbor levels (NSRLs and MADLs).