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A California appeals court reversed a trial court decision that would have required a Proposition 65 warning on breakfast cereals.  Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, prohibits a company from knowingly exposing any individual to a listed chemical without first providing a "clear and reasonable warning" to such individual.

As proposed, the California Office of Administrative Law approved a No Significant Risk Level (NSRL) for vinylidene chloride of 0.88 micrograms (µg) per day under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Vinylidene chloride was listed as a carcinogen under Proposition 65 on December 29, 2017, and California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the NSRL on September 22, 2017. Comments on the proposed NSRL were accepted through November 6, 2017.

Keller and Heckman Partner Mitzi Clark will provide an update on California’s Proposition 65 at the National Association of Printing Ink Manufacturers (NAPIM) Spring Convention. This year’s spring convention will take place at the Fairmont Sonoma Mission Inn, April 20-23.

For more information on the convention, including how to register, click here.

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) listed vinylidene chloride, which is sometimes used in coating formulations for food packaging, as a carcinogen under Proposition 65. The listing became effective December 29, 2017. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. 

California's Office of Environmental Health Hazard Assessment (OEHHA) added n-hexane (CAS Reg. No. 110-54-3) to the list of chemicals known to the State to cause reproductive toxicity under Proposition 65, as of December 15, 2017. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual.

Keller and Heckman Partner Mitzi Ng Clark and Associate Natalie Rainer will be speaking at West Pack 2018. Ms. Clark’s presentation is titled, “California’s Proposition 65: Understanding the Impact on Food Packaging.” She will cover the basics of the law, including details on its updated warning requirements; discuss some of the listed chemicals that may be found in food packaging; and inform attendees on how to prepare for customer requests on Proposition 65.

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that it intends to list vinylidene chloride as a carcinogen under Proposition 65 based on the Labor Code listing mechanism. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. 

The California Office of Environmental Health Hazard Assessment (OEHHA) just posted a new Question and Answer document on how the Modified Proposition 65 Clear and Reasonable Warning regulations apply to businesses.

The California Office of Administrative Law approved a No Significant Risk Level (NSRL) for styrene of 27 µg per day under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Styrene was listed as a carcinogen under Proposition 65 on April 22, 2016, and the California Office of Environmental Health Hazard Assessment (OEHHA) proposed the NSRL at the same time. Comments on the proposed NSRL were accepted through June 6, 2016.

On April 4, 2017, California’s Office of Administrative Law approved a Maximum Allowable Dose Level (MADL) for ethylene glycol (ingested) of 8,700 (oral) micrograms per day, which is the same MADL proposed by the California Environmental Protection Agency's (Cal/EPA) Office of Environmental Health Hazard Assessment (OEHHA) in April of last year for the chemical. Ethylene Glycol—a substance used in the production of several packaging materials—was added to the list of chemicals known to the State of California to cause reproductive toxicity under Prop. 65 on June 19, 2015.