Prop 65 California

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list methyl isobutyl ketone (MIBK) as a chemical known to the State of California to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). 

MIBK must be listed under Proposition 65 as a reproductive toxicant if an authoritative body formally identifies it as such and the evidence considered by the authoritative body meets the sufficiency criteria contained in the regulations.  OEHHA has determined that MIBK meets the criteria for listing it as a known reproductive toxicant under Proposition 65 based on findings of the U.S. Environmental Protection Agency (EPA).  The EPA is an authoritative body under Proposition 65.

MIBK is primarily used as a coating solvent in cellulose-based and resin-based coating systems.  It is also used in the production of paints, pesticide formulations, adhesives, wax/oil separation, leather finishing, textile coating, and specialty surfactants for inks. 

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.

Assembly Bill 227 (AB227) passed the California Legislature on Wednesday and is on its way to the Governor’s desk.  AB227, introduced by Rep. Mark Gatto, will amend Proposition 65 to give certain businesses a 14-day “cure period” to remedy violations of the law without being subject to civil penalties.

Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, requires companies to provide a clear and reasonable health hazard warning before exposing citizens to chemicals known to the state to cause cancer or reproductive harm.  AB227 was originally written to provide anyone receiving a 60-Day Notice of Violation of Proposition 65 with a 14-day period to remedy the violation without being subject to fines, but was later narrowed to focus on three specific exposures:

• Exposures to alcoholic beverages, or to a chemical known to cause cancer or reproductive harm to the extent the chemical is formed on the alleged violator’s premises by necessary preparation of food or beverages which are sold on the alleged violator’s premises for immediate consumption; 
• Exposures to environmental tobacco smoke caused by entry of persons (other than employees) on premises owned or operated by the alleged violator where smoking is permitted at any location on the premises; and
• Exposures to chemicals known to cause cancer or reproductive harm in engine exhaust, to the extent the exposure occurs inside a facility owned or operated by the alleged violator and primarily intended for parking noncommercial vehicles.

Gov. Jerry Brown has 30 days to sign or veto the bill.

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.

Rep. Rosa DeLauro (D-Conn.) last month introduced a bill to amend the Consumer Product Safety Improvement Act (CPSIA) to include a ban on certain flame retardant chemicals from use in children’s furniture products.  The bill is H.R. 2934, also known as the “Decrease Unsafe Toxins Act.”

Flame retardants have been associated with cancer, endocrine disruption, developmental impairment, birth defects, and other health problems.  According to Congress’ findings, children in the U.S. have some of the highest levels of polybrominated diphenyl ethers (PBDEs) in their bodies globally, and some toddlers even have three times the blood levels of their mothers of the toxic flame retardants pentaBDE.  “Studies show that there is no measurable fire safety benefit to California’s Furniture Flammability Standard Technical Bulletin (TB117),” the findings continue, and since children’s furniture contains small amounts of resilient filling material compared to their adult counterparts, they do not present a significant fuel source or fire hazard.

The bill proposes that any children’s cushioned product that contains more than 1,000 parts per million flame retardant chemical by weight in the filling shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act.  “Children’s cushioned products” shall be defined as a children’s product that contains resilient filling materials, such as high chairs, strollers, changing pads, bassinets, infant mattresses, etc. and that “flame retardant chemical” shall be defined as an organohalogen or organophosphorous compound.  That includes common chemical flame retardants such as PBDE, decaBDE, and TDCPP.

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.