Transcript Document
According to the California Office of the Attorney General, 69% of Prop 65 settlement awards in 2012 went to attorneys’ fees and costs. Producers have responded accordingly, and companies now slap Prop 65 warnings on just about every product in an effort to not be sued. This fact severely undermines the usefulness of the warnings. • • • • Secondhand tobacco smoke. Cleaning supplies and related activities. On-site construction. Furnishings, hardware, and electrical Components, furniture, window treatment, locks, keys, electrical equipment, and carpeting. • Personal hygiene and medical supplies, including soaps, shampoos, and first aid supplies. Also, the hotel water supply system may add lead to water from the faucets and other plumbing components. • Combustion sources, including automobile engines, gas stoves, fireplaces and candles. • Office and art supplies and equipment, including carbonless paper, marking pens, copier machine chemicals, glues, crayons and paints. • Landscaping supplies and pesticide treatment, including fertilizers, soil amendments, and pesticides. • Food and beverage service, including alcoholic beverages, and broiled and barbecued foods. • Transportation-related exposures, including motor fuels and engine exhaust. • Equipment and facility maintenance, including motor oil changes, carburetor cleaning, battery replacement, and facility repairs. • Retail Sales. • Recreation facilities, swimming pools, hot tubs and beaches, including beach sand, which can contain quartz sand, a form of crystalline silica.24 Based on publicly available information, of the example within the category or type of product are also provided below. I believe and allege that the sale of the offending products also has occurred without the at one or more locations and/or via other means including, but not limited to, by the Violator and . AG NUMBER 2013-00575 2013-00575.PDF 06/12/2013 THE PUBLIC INTEREST ALLIANCE LLC SUSAN POSNICK COSMETICS; PROCTOR & GAMBLE/COVER GIRL; REVLON HOLDINGS, INC.; ALMAY, INC./REVLON HOLDINGS, INC.; PHYSICIANS FORMULA; IREDALE MINERAL COSMETICS, LTD; COLOR SCIENCE, INC.; BARE ESCENTUALS BEAUTY, INC.; L'OREAL USA S/D, INC.; MAYBELLINE, INC.; PETER THOMAS ROTH LABS, LLC; ELIZABETH ARDEN, INC.; LAURA MERCIER/GURWITHC PRODUCTS LLC; NEUTRAGENA CORPORATION; SMASHBOX BEAUTY COSMETICS, INC.; NARS COSMETICS, INC.; AHAVA NORTH AMERICA, LLC; KORRES/JOHNSON & JOHNSON; AMAZING COSMETICS, INC.; W3LL PEOPLE; E.L.F./JA COSMETICS CORP.; TRISH MCEVOY LTD; CHRISTIAN DIOR, INC.; LABELLA DONNA, LTD; TRUE COSMETICS, LLC; ESTEE LAUDER, INC.; EMINENCE ORGANIC SKIN CARE; TARTE INC.; GUERLAIN, INC.; GLOPROFESSIONAL; STILA COSMETICS; SUNDAY RILEY; ILLAMASQUA LTD.; BENEFIT SAN FRANCISCO; URBAN DECAY COSMETICS, LLC; DOLCE & GABBANA USA INC.; ANASTASIA BEVERLY HILLS; BECCA, INC.; KAT VON D, INC.; LORAC COSMETICS, INC.; CHARLOTTE RONSON COSMETICS; PUR MINERALS, INC.; DR. HAUSCHKA SKIN CARE; JOSIE MARAN COSMETICS, LLC; TOO FACED COSMETICS, LLC; ARCONA, INC.; INNOVATIVE SKINCARE; NUXE; COSMECEUTECHS, LLC; XEN PRODUCTS AND MARKETING, INC.; CARGO COSMETICS CORPORATION; NAPOLEAN PERDIS COSMETICS, INC.; VINCENT LONGO COSMETICS, INC.; CLARINS USA, INC.; DERMAQUEST, INC.; INDIAN EARTH COSMETICS; DUWOP COSMETICS/LOLA COSMETICS; DIANNE BRILL COSMETICS; YVES SAINT LAURENT AMERICA, INC.; BOBBI BROWN PROFESSIONAL COSMETICS SERVICE, INC. TITANIUM DIOXIDE (AIRBORNE, UNBOUND PARTICLES OF RESPIRABLE SIZE) PERSONAL CARE PRODUCTS (COSMETICS, SUNSCREEN, SKINCARE PRODUCTS) IN POWDER FORM COMPLAINT (0) SETTLEMENT (0) JUDGMENT (0) 78 notices on vinyl in 2010 (9.8%) 51 notices on vinyl in 2011 (4.7%) 166 notices on vinyl in 2012 (17%) 90 notices on vinyl in 2013 (6.9%) 2013-00238.pdf 03/01/2013 Center for Environmental Health Elegant Footwear, Inc.; J.C. Dossier; Pinky Footwear, Inc.; Twin Tiger Footwear, Inc. Lead Footwear Made With Leather, Vinyl or Imitation Leather Materials AG NUMBER 2013-00610 2013-00610.PDF 06/19/2013 LAURENCE VINOCUR TRUE DESIGNS INC; COSTCO WHOLESALE CORPORATION; BEST BUY CO., INC. DI(2-ETHYLHEXYL)PHTHALATE (DEHP), TRIS(1,3-DICHLORO-2-PROPYL) PHOSPHATE (TDCPP) UPHOLSTERED OFFICE/TASK CHAIRS WITH FOAM PADDING CONTAINING TRIS (1,3-DICHLORO-2-PROPYL) PHOSPHATE, UPHOLSTERED RECLINERS WITH FOAM PADDING CONTAINING TRIS(1,3-DICHLORO-2-PROPYL) PHOSPHATE, RECLINERS WITH VINYL/PVC UPHOLSTERY CONTAINING DI(2-ETHYLHEXYL)PHTHALATE COMPLAINT (0) SETTLEMENT (0) JUDGMENT (0) Another way to comply is to keep all chemicals in your products below the so-called “safe harbor” level that requires a Proposition 65 warning. Unfortunately, those levels are hard to determine. Proposition 65 compliance is based on how much of a chemical the average consumer is exposed to, not on how much is in the product. The law requires the defendant to prove that the average consumer is not exposed to more than the allowable amount of the chemical, based on scientific studies such as behavioral and toxicology tests. Proposition 65’s content standards are set in litigation that applies to only the litigants in a particular case, not in regulations that apply to everyone. Some settlements set content standards that are even lower than the national Consumer Product Safety Improvement Act (CPSIA) standards. For example, a common settlement standard is 200 ppm (parts per million) for lead in vinyl components. Remember, though, that . If your product is made from materials that contain traces of Proposition 65 chemicals, you may want to consider placing a warning label on your product that is conspicuous to the consumer at the time of purchase as a possible way to comply with Proposition 65. The warning label, as long as it complies with the regulations under Prop 65, can also protect your company and products if your product contains a chemical that is listed in the future. Note – Labels would likely appear on all of your product, regardless of whether the product was ultimately sold in California. That means your product could contain the above warning whether sold in Ohio or California. www.oehha.ca.gov/prop65 http://www.oehha.ca.gov/prop65/law/pdf_zip/RegsArt6.pdf. AS OF 8/02/13 FEDERAL GOVERNMENT STEPPING IN ON PROP 65: CHEMICAL SAFETY IMPROVEMENT ACT The CA Governor Edmund G. Brown Jr. Proposal for Changes The U.S. government has the power to block the laws of California or any other state if the statutes have an impact on interstate commerce or otherwise interfere with federal authority. The administration, stakeholders and the Legislature will discuss reforms to: • Cap or limit attorney’s fees in Proposition 65 cases. • Require stronger demonstration by plaintiffs that they have information to support claims before litigation begins. • Require greater disclosure of plaintiff’s information. • Set limits on the amount of money in an enforcement case that can go into settlement funds in lieu of penalties. • Provide the State with the ability to adjust the level at which Proposition 65 warnings are needed for chemicals that cause reproductive harm. • Require more useful information to the public on what they are being exposed to and how they can protect themselves. Revision to the List of Chemicals in 2013 Type of Toxicity Listing Mechanism CAS No. Date Listed Emissions from combustion of coal Hydrogen cyanide (HCN) and cyanide salts (CN salts) cancer AB --- 7-Aug-13 male AB --- 5-Jul-13 Clomiphene citrate cancer FR 50-41-9 24-May-13 developmental AB 80-05-7 11-Apr-13 C.I. Disperse Yellow 3 cancer SQE 2832-40-8 8-Feb-13 2,6-Dimethyl-Nnitrosomorpholine (DMNM) cancer SQE 1456-28-6 8-Feb-13 Chemical Bisphenol A (BPA) Delisted April 19, 2013 AGENDA FOR THE OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT (OEHHA) WORKSHOP 7/30/13) AGENDA CONTINUED OEHHA HAS RECENTLY LISTED A NEW CHEMICAL: emissions from combustion of coal OEHHA Example – Parking Garage WARNING: Breathing the air in this parking garage will expose you to car and truck exhaust that contain chemicals known to cause cancer, birth defects and other harm to a developing baby. Do not stay in the area longer than necessary. For more information go to: www.oehha.ca.gov/warnings Note – Labels would likely appear on all of your product, regardless of whether the product was ultimately sold in California. That means your product could contain the above warning whether sold in Ohio or California. www.oehha.ca.gov/prop65 http://www.oehha.ca.gov/prop65/law/pdf_zip/RegsArt6.pdf.