Tag: Prop. 65
-
Menu Labeling Claims Under Prop. 65 Can Proceed in California
The California Supreme Court has denied a petition for review filed by fast food restaurants seeking to overturn an intermediate appellate court ruling allowing further proceedings on claims that they violated Proposition 65 by selling grilled chicken products to consumers without appropriate warnings about carcinogens created by the cooking process. Physicians Comm. for Responsible Med.…
-
Challenge to California’s Referendum Procedure Presented in Amicus Brief
According to a news source, an appellate lawyer in California has submitted an amicus brief to the Ninth Circuit Court of Appeals, claiming that the state’s ballot initiative process, adopted 99 years ago, was improperly voted into law. He has asked the court to certify the question to the California Supreme Court. This issue arose…
-
OEHHA Proposes Prop. 65 Rule Changes; Two Chemicals Added to Carcinogen List
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) is seeking public comments on draft changes to those Proposition 65 (Prop. 65) regulatory provisions addressing no observable effect levels for listed chemicals. According to OEHHA, “[t]hese regulations set out the procedures and criteria for determining an exposure level where there would be no observable effect,”…
-
California Court Allows Grilled Chicken Prop. 65 Labeling Suit to Proceed
A California appellate court has reversed a summary judgment order that terminated litigation involving claims that chain restaurants violated Proposition 65 (Prop. 65) by selling grilled chicken products to consumers without appropriate warnings about carcinogens created by the cooking process. Physicians Comm. for Responsible Med. v. McDonald’s Corp., No. B218089 (Cal. Ct. App., decided August 12,…
-
Change to Cadmium Prop. 65 Maximum Allowable Dose Level Proposed
California EPA’s Office of Environmental Health Hazard Assessment has issued a notice indicating that it has proposed adding the qualifier “oral” to the maximum allowable dose level (MADL) for cadmium. Apparently, this qualifier was inadvertently omitted when the MADL of 4.1 micrograms per day was adopted under Proposition 65 (Prop. 65) in 2002. Comments must…
-
OEHHA Considers Adding Soy Sauce Ingredients to Prop. 65 List
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a meeting of its Carcinogen Identification Committee (CIC) on September 21-22, 2010, to consider whether to list 1,3-Dichloro-2-propanol (1,3 DCP) and 3-monochloropropane-1,2 diol (3-MCPD) under Proposition 65 (Prop. 65). These chemicals are apparently produced by treating proteins from hydrolyzed vegetables, such as soya, with…
-
California Advocacy Organization Files Prop. 65 Violation Notices over Lead in Fruit Products
The Environmental Law Foundation has notified more than four dozen food manufacturers and retailers that they are in violation of California’s Proposition 65 Toxics Right to Know law (Prop. 65) after testing purportedly indicated the presence of lead in numerous fruit and fruit juice products. According to the foundation, “apple juice, grape juice, packaged pears…
-
California Agency Responds to Objections to Expedited Prop. 65 Procedure on Fumonisin B1
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has withdrawn its proposal to establish a “safe harbor level” under Proposition 65 (Prop. 65) for fumonisin B1, a substance produced by several mold species that occur mostly in corn, wheat and other cereals. The Grocery Manufacturers Association (GMA) objected to the agency’s use of an…