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As reported by the Associated Press, the California Department of Toxic Substances Control (“DTSC”) has issued a report claiming that nail polish has been sold in the State containing the chemicals toluene, dibutyl phthalate (DBP), and formaldehyde, which the agency has referred to as “the toxic trio.”

The agency’s report noted that the use of the chemicals…

Yesterday, Governor Brown appointed George Alexeeff as the Director of the Office of Environmental Health Hazard Assessment (OEHHA) at the California EPA.  Alexeeff has been the deputy director since 1998 and has worked at the department since 1988.  He has a doctorate in pharmacology and toxicology from U.C. Davis.

Among other duties, OEHHA is responsible…

Last week a “concerned citizen” acting in the “interest of the general public” filed a rash of Proposition 65 (“Prop 65”) lawsuits against retailers for their sale of drinking game kits in California.  Prop 65 threatens to impose penalties of up to $2,500 per violation, plus attorneys’ fees and costs, if a business knowingly and…

Yesterday the California Attorney General’s office sent a letter to the Proposition 65 plaintiffs’ bar regarding the use of releases in Proposition 65 cases.  The AG’s letter noted that it is concerned about releases in Prop 65 cases that have been given “in the public interest.”  The letter noted that these releases are typically problematic when they attempt…

Last month, I blogged about lead in brass handrails as a potential new Prop 65 trend.  The same plaintiff who issued the Proposition 65 notices concerning brass in handrails at amusement parks (the Mateel Environmental Justice Foundation) has just issued another similar notice.  This time, the notice alleges that a large restaurant chain exposed California consumers…

Earlier this month, a consumer watchdog group published a document arguing that certain bath products continue to contain a preservative that includes formaldehyde and possibly 1,4-Dioxane.  This same organization filed a report in 2009, which resulted in lawsuits under California’s unfair competition law (“UCL”; § 17200 of the California Business and Professions Code) and Proposition…

Several experienced Proposition 65 plaintiffs filed a high-profile Proposition 65 lawsuit in October regarding alleged lead at Disneyland and Disney’s California Adventure.  The lawsuit alleged that various locations in Disneyland and California Adventure contain leaded brass, including hand rails, chains and line dividers, and various items that children are encouraged to play with (such as…

After intense lobbying from Central Valley legislators and the oil and gas exploration and production industry, on November 3, 2011, Governor Jerry Brown removed Elena Miller as Supervisor of the Division of Oil, Gas, and Geothermal Resources (DOGGR) within the Department of Conservation. Appointed in 2009, Miller’s tenure as the DOGGR Supervisor has been plagued…

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