Prop 65 California

A movement in the dental industry calls for phasing out silver amalgam—which contain up to 50% elemental mercury, a toxic substance—due to health and environmental concerns, the Chicago Tribune reported.  Studies on the direct impact of silver amalgam tooth fillings on human health have been inconclusive, but the preparation of silver amalgam does contribute mercury pollution to the environment, according to the Tribune.

According to a 2010 EPA estimate, about half the mercury entering municipal wastewater treatment plants comes from dental amalgam waste, and some of that mercury ends up in landfills, fertilizer, or flushed into waterways.  Once in water, it transforms into methylmercury and builds up in fish and shellfish that are then consumed by humans.  Methylmercury has been linked to health and developmental problems in pregnant women, fetuses, infants, and children.

These concerns have culminated in several recent actions:

•  Over 140 nations have agreed to a U.N. treaty calling for decreasing use of dental amalgam.
• New York University’s College of Dentistry will be putting less emphasis on the preparation and placement of silver fillings.
• Two large, nonprofit Catholic hospital chains are pressuring two leading American makers of dental amalgam to phase out mercury.
• Norway, Denmark, Sweden, Japan and Finland have either banned dental amalgam or restricted its use within the last five years.

Mercury, mercury compounds, methylmercury, and methylmercury compounds have been designated by the State of California as chemicals known to cause cancer and reproductive harm.  Companies doing business in California must provide consumers with a health hazard warning if their products contain such chemicals.

A popular alternative to silver amalgam fillings are tooth-colored resin-based composites, but many contain bisphenol-A (BPA), an endocrine disrupter that has been linked to developmental harm and has been banned from infant and children products.  BPA is currently the subject of a legal battle in California in order to determine whether or not it should be designated as a chemical known to the State of California to cause reproductive harm.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

Continuing its clients’ battle against the use of toxic chemicals in consumer products manufactured by Chinese companies for sale in the U.S., The Chanler Group attorneys have recently finalized terms with another Chinese manufacturer of products sold in U.S. “big-box” retail stores, Shanghai Lansheng Corporation (SLC).  This is the third such settlement in six months, following on the heels of settlements with DAP Incorporated and Hangzhou Great Star Tool Co.  These are the first private citizen Proposition 65 enforcement settlements ever achieved with overseas manufacturers, and this most recent settlement with SLC is the first settlement reached without litigation between our client and the settling manufacturer in the country of export.

SLC manufactures and distributes raincoats sold by Lowe’s stores in California.  At issue were Moore’s allegations made in a 60-day notice of violation, that SLC’s products contain excess amounts of the phthalate chemical, di(2-ethylhexyl)phthalate (commonly known as DEHP), and that SLC did not provide consumers with the health hazard warning required by Proposition 65. 

The terms of the settlement include SLC’s payment of a $5,000 civil penalty, seventy-five percent of which will go to the State of California, and a commitment to reformulate its products to virtually eliminate DEHP.  Because private agreements with Chinese companies have enjoyed little success when it comes to their enforceability in China, and U.S. courts lack the jurisdiction necessary to have their judgments enforced in China, the agreement contains an international arbitration clause, and provides specific rules under which Moore and SLC also have agreed to arbitrate any disputes that might arise out of their agreement.  By incorporating provisions like these into their clients’ agreements, The Chanler Group attorneys have taken their clients’ claims to the top of the supply chain and obtained commitments to make safer products from manufacturers in the country of origin who supply U.S. markets.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.