Trends Since the New Prop 65 Requirements Went Into Effect

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It has now been over a week since the changes to Prop. 65 took effect on August 30th! A review of notices of violations filed in the past week indicate a trend toward food products and consumer household goods. For example, notices with the following chemicals and products have been filed:

  • Acrylamide in nut butters
  • Arsenic in dietary supplements
  • Cadmium, lead and lead compounds in powdered dietary supplements and breastfeeding supplements
  • Lead in psyllium husk powder, chocolate and energy shakes
  • Lead in brass towel rings, towel racks and holders
  • Phthalates in wallets and purses, migraine wraps, bike hangers, cosmetic bags, USB cables, plastic placemats, dish racks, sofa covers, gardening sets and curtain rods

In recent news, OEHHA is considering nickel and nickel compounds for possible listing by the Developmental and Reproductive Toxicant Identification Committee. Nickel and nickel compounds are currently associated with cancer. OEHHA is also proposing a regulation that that would state that drinking coffee does not pose a significant cancer risk, despite the presence of chemicals created during the roasting and brewing processes that are listed under Prop 65 as known carcinogens.

We will continue to monitor recent developments and notices of violation that are filed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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