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Prop 65 Newsletter: Preliminary Injunction Temporarily Blocks Prop 65 Enforcement of Foods Containing Acrylamide

Prop 65 Counsel: What To Know
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Our Analysis

Preliminary Injunction Temporarily Blocks Prop 65 Enforcement of Foods Containing Acrylamide

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.

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Calif. Biz Group Blocks New Suits Over Prop 65 Warning

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."

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NMMA urges California to withdraw proposal to change Prop 65 labels

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.

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California Proposition 65: Every Company Should Know Their Risk

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. 

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OEHHA Notices

Chemical Selected for Consideration for Listing by the Carcinogen Identification Committee and Request for Relevant Information on the Carcinogenic Hazard of: PFOS and its salts and Transformation and Degradation Precursors

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.

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Chemicals Selected for Consideration for Listing by the DARTIC and Request for Relevant Information on the Reproductive Toxicity Hazards of: PFDA and its salts, PFHxS and its salts, PFNA and its salts, and PFUnDA and its salts
 

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.

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Current Proposition 65 No Significant Risk Levels (NSRLs) Maximum Allowable Dose Levels (MADLs)


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. 

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Chemicals Listed Effective March 19, 2021 As Known to The State Of California to Cause Cancer: Molybdenum Trioxide and Indium Tin Oxide
 

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.

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Notice Of Intent To List Chemical By The Authoritative Bodies Mechanism: Perfluorooctanoic Acid
 

OEHHA published an updated list of safe harbor levels (NSRLs and MADLs).

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