Changes to Proposition 65: The Good, The Bad and The Ugly Nutrition Industry Association West Spring Forum 2016 May 24, 2016
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1 Changes to Proposition 65: The Good, The Bad and The Ugly Nutrition Industry Association West Spring Forum 2016 May 24, 2016 Peg Carew Toledo Peg Carew Toledo, Law Corporation Peg Carew Toledo, Law Corporation 2016
2 Today s Agenda The Good The Bad 1. Lead MADL Challenges 2. New Chemical Listings The Ugly 1. OEHHA s New Website 2. Draft Warning Regulations Statistics on Prop 65 Settlements 2
3 The Good Clint Dining With His Favorite Prop 65 Lawyer 3
4 The Bad 4
5 Lead MADL Challenge Update Court Challenge to Lead Maximum Allowable Dose Level ( MADL ) In January 2015, plaintiff Mateel Environmental Justice Foundation sued the Office of Environmental Health Hazard Assessment ( OEHHA ) Challenging scientific and legal basis for 0.5 µg/day MADL for lead On May 2, 2016, the Court denied the Petition 5
6 Lead (cont d) Administrative Challenge to Lead MADL In July 2015, plaintiff Center for Environmental Health filed a petition with OEHHA seeking the repeal or amendment of the MADL for lead OEHHA has released its proposal to repeal the current 0.5 µg/day Still waiting for OEHHA to issue a new MADL for lead OEHHA has stated that the new lead MADL will come out in late summer
7 Chemicals Recently Added To The Prop 65 List Listed Chemical Type of Listing Effective Date of Listing Aloe Vera, nondecolorized whole leaf extract Cancer December 4, 2016 Beta-Myrcene Cancer March 27, 2016 Bisphenol A (BPA) Female May 11, 2016 Ethylene glycol (ingested) Developmental June 19, 2016 Goldenseal Root Powder Cancer December 4, 2016 Methyl-n-butyl ketone (MnBK) Developmental and Male December 4, 2016 Styrene Cancer April 22,
8 BPA Proposed Dermal MADL of 3 µg/day OEHHA intends to issue an ingestion MADL in the future Emergency Regulation Retail Seller Signage WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: 8
9 The Ugly 9
10 New OEHHA Website Regulation OEHHA Website Launched April 2016 at Currently contains information on all listed chemicals Currently contains information on the following products: Alcoholic Beverages Furniture Petroleum Products Raw Wood Products 10
11 Proposed Changes To The Warning Regulations Clear and Reasonable Warnings Latest Draft May 20, 2016 Comment Period Ends June 6,
12 Proposed Changes to Product Warnings Proposed Cancer Warning WARNING This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to Current Cancer Warning WARNING: This product contains a chemical known to the State of California to cause cancer. 12
13 Proposed Changes to Product Warnings (cont d) Proposed Combined WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer, and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to Current Combined WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. 13
14 Proposed Changes to Food Warnings Proposed Cancer Warning WARNING Consuming this product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to food Current Cancer Warning WARNING: This product contains a chemical known to the State of California to cause cancer. 14
15 Proposed Product Warnings Alternative: On-Product Warning Label WARNING Cancer - WARNING Reproductive Harm - WARNING Cancer and Reproductive Harm
16 2 Years The new warning regulations will become effective 2 years after the date of adoption. 16
17 2015 Settlement Statistics Total Number of Settlements: 582 Total Settlement Payments: $26,226,761 Civil Penalties: $5,102,341 (19%) Payment in Lieu of Civil Penalties: $3,295,479 (13%) Plaintiff s Attorney Fees: $17,828,941 (68%) 17
18 2015 Environmental Research Center ( ERC ) Settlements Total Number of ERC Settlements: 69 Total Settlement Payments: $6,218,636 Civil Penalties: $1,965,218 (32%) Payment in Lieu of Civil Penalties: $1,578,202 (25%) Plaintiff s Attorney Fees: $2,675,216 (43%) 18
19 Thank You Peg Carew Toledo Peg Carew Toledo, Law Corporation (916)
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