As you may recall, the Office of Environmental Health Hazard Assessment (OEHHA) added sulfur dioxide as a chemical known to cause reproductive toxicity to the Proposition 65 list of chemicals on June 29, 2011. Today, the OEHHA issued two important notices regarding sulfur dioxide. Continue Reading Prop 65: OEHHA Issues Sulfur Dioxide Guidance

Melissa A. Jones
Melissa A. Jones is a trial lawyer who provides experienced and practical counsel in complex business disputes, appellate matters and internal investigations. She has represented clients from a broad range of industries in complex civil litigation matters in both state and federal court, including the agribusiness, and oil and gas industries. Her practice includes an emphasis on Proposition 65 defense as well.
Melissa’s experience includes litigating claims for breach of contract, fraud, negligent misrepresentation, misappropriation of trade secrets, products liability, false advertising and unfair competition. Melissa has helped clients at every stage of litigation and has argued key motions and appeals, including several arguments before the U.S. Court of Appeals for the Ninth Circuit. Melissa also regularly defends companies in litigation claims related to California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65) and Unfair Competition Law (17200) and advises companies on Prop 65 compliance.
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CA State Agency Claims Nail Polish Contains Toxic Chemicals
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…
Proposition 65: New Director of OEHHA
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…
First Prop 65 Notice of Violation Issued Regarding 4-MEI in Soft Drinks
A Proposition 65 (“Prop 65”) plaintiff has issued the first 60-Day Notice of Violation concerning 4-Methylimidazole (4-MEI). 4-MEI, a chemical compound used to make certain products, is one of the over 850 chemicals on California’s Prop 65 list of chemicals known to cause cancer or reproductive harm. 4-MEI was placed on the Prop 65 list in…
California AG sends new letter to Prop 65 plaintiffs’ bar
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…
Prop 65 Update- Lead in Brass Door Handles
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…
Alleged Lead in Brass Hand Rails: Emerging Prop 65 Trend?
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…
New CA Law Impacts Companies That Had Entered Into the Lead-in-Jewelry Consent Judgment
Governor Brown signed into law new legislation (SB 646-Pauley) that ends what has been described as a dual track system for enforcing California’s Lead Containing Jewelry Law (Health and Safety Codes Section 25214.1-25214.4.2). The law, which regulates the levels of lead in jewelry, also contained an exemption for retailers that had joined a…
Prop 65: Cadmium Opt-In Deadline is October 21
A group of jewelry retailers, manufacturers and suppliers entered into a Proposition 65 settlement agreement with Center for Environmental Health (CEH) several months ago concerning cadmium in jewelry. The settlement was formalized in a consent judgment approved by Alameda Superior Court in CEH v. Aeropostale, Inc.
As in other Prop 65 consent judgments, this…