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.