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. As a reminder, our primer on Prop 65 is available here. If you are interested in having a webinar conducted on Prop 65 issues, please contact us. Thank you.

Anne Marie Ellis is Senior Counsel in the firm’s Product Liability and Litigation Law Groups in Orange County. She can be reached at 949.224.6223 or aellis@buchalter.com.

Eleni A. Swank is an Attorney in the firm’s Products Liability and Litigation Law Groups in Orange County.  She can be reached at 949.224.6424 or eswank@buchalter.com.