Chemical Engineering Trends, Intellectual Property Litigation, & Industry Predictions – IMS Insights Podcast Episode 50
What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023
Chemical hair straighteners are popular products sold in stores and hair salons across the United States. But, they are also dangerous. Over the past few years, there have been several reports of these products being linked...more
On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more
As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...more
Women are suing L’Oréal and other hair product companies for selling dangerous chemical hair straighteners. With a recent study suggesting that women who use these products “frequently” (four or more times in a year) are...more
Chemical hair straighteners present health risks, including more than doubling users’ risk of developing uterine cancer. As more information about these risks becomes known, more women are looking for better and safer...more
In our earlier post, Public and Regulatory Attention to Forever Chemicals is at an All-Time High, we discussed the expected and upcoming regulation of per- and polyfluoroalkyl substances (“PFAS”). Another chemical expected to...more
EPA announced on January 8, 2021, that it released an updated and improved version of OncoLogic™, a system used to evaluate a chemical’s potential to cause cancer. EPA states that, in partnership with the Organization for...more
Challenge To Coffee-Causes-Cancer Label To Continue, Possibly Resolve Dozens of Lawsuits Against Businesses - Legal Newsline - A California federal court has refused to throw out a lawsuit that challenges the state’s...more
In Johnson v. Monsanto Company (No. A155940, A156706, filed 7/20/2020), Plaintiff Dewayne Johnson (“Plaintiff”) sued Monsanto Company (“Monsanto”) when he was diagnosed with cancer which he alleged was the result of his use...more
Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...more
Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has finalized a highly anticipated Proposition 65 regulation relating to coffee. The regulation, California Code of Regulations Section 25704, takes...more
Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more
Recent events have raised questions about the viability and utility of California’s infamous Proposition 65. The past few months have seen courts reject the listing of glyphosate as a “known” carcinogen on First Amendment...more
The words “coffee” and “cancer” have been used in sentences together more over the past several years than the coffee industry ever could have contemplated — or wanted....more
The headlines read like something out of The Onion, but both the U.S. National Toxicology Program (NTP) and the International Agency for Research on Cancer (IARC) are undertaking reviews to assess whether working at night...more
Responding quickly to a landmark court ruling requiring coffee sold in the state to bear a Proposition 65 warning label, California has initiated a proposed rulemaking to clarify that exposure to acrylamide and other...more
Coffee sellers in the State of California will now be required to provide cancer warnings on their coffee products. On March 28, 2018, a California State Court issued a Statement of Decision in a Proposition 65 (Prop 65) case...more
On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more
Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, among other things requires businesses employing ten or more people to warn consumers if the business’ products contain a chemical...more
EPA Issues First Year Implementation Plan - On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law. This law amends the Toxic Substance Control Act (TSCA) and is the first...more
EAB Reverses Epic Penalty In Elementis Case, But Affirms EPA's "Continuing" TSCA Section 8(e) Interpretation: On March 13, 2015, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) reversed the...more
For years, plaintiffs in product liability and toxic tort cases have viewed Pennsylvania's state court system as a favorable forum. Over the past year and a half, however, the Pennsylvania appellate courts have issued...more