On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Proposed Rulemaking with respect to Article 6, Title 27 of the California Code of Regulations, which adopt Proposition 65’s safe harbor warning methods and content. The proposed amendments apply specifically to the short form warning, and would limit the use of the short form warning to labels with a total surface area available for consumer information of 5 square inches or less and a package shape or size that cannot accommodate the full-length warning. The proposed amendments would also change the safe harbor… Read more
On June 19, 2020, the EPA released its final EPA methylene chloride risk analysis which concluded that workers working with the hazardous solvent face greater risk of both neurological issues, and cancer. The agency’s findings mean that it must propose some type of regulation by June 19, 2021 to reduce the risk. Under TSCA, the EPA has a number of options to address the unreasonable risk including a ban of commercial uses, or a training, certification, and limited access program for certain workers. For more information, contact Phillip Hoover.
On May 13, 2019, a California jury awarded over two billion dollars to a husband and wife who alleged that they each developed cancer as a result of decades of using Monsanto’s weed-killer Roundup. The Alameda County, California jury concluded that Roundup likely caused the plaintiffs’ non-Hodgkin’s lymphoma and awarded the couple $55 million in non-economic damages, $3.2 million in economic damages, and punitive damages of $2 billion against Monsanto. The total award was more than double what the plaintiffs’ attorney suggested in closing arguments. The case is the third case to be tried to a jury verdict involving Monsanto… Read more
On October 6, 2014, the U.S. Court of Appeals for the Eleventh Circuit, which is the appellate court for federal district courts in Georgia, Florida, and Alabama, issued a decision in the case of Joseph Adinolfe et al. v. United Technologies Corporation, a toxic tort case in which hundreds of property owners in a residential area of Palm Beach County, Florida sued an aerospace company for damages resulting from purported groundwater contamination. In the case, the plaintiffs alleged that one plaintiff had developed cancer as a result of exposure to contamination in drinking water wells and that the remaining plaintiffs… Read more
California law places certain warning requirements on any person who in the course of doing business in that state knowingly or intentionally exposes another person to certain listed chemicals determined by the state to cause cancer or reproductive toxicity. Hundreds of substances, ranging from industrial chemicals to alcoholic beverages, when associated with alcohol abuse, are subject to California’s warning requirement. Violators can be liable for civil penalties. The list is updated at least once per year. Effective July 24, 2012, California has added isopyrazam, a fungicide, and 3,3’,4,4’‑tetrachloroazobenzene, associated with certain herbicides, to the list of chemicals known to the state to cause cancer… Read more