Many consumer-facing businesses have learned to identify high-risk Prop 65 targets: soft, flexible plastics; faux and colored leathers; and any kind of brass or metal that may contain lead or other heavy metals. But businesses need to take action to avoid Prop 65 liability based on a new culprit: bisphenol-A (BPA) that may be lurking in your cash register receipts and other thermal papers.
Continue Reading A Proposition 65 Violation May Be Lurking in Your Cash Register Receipt
Prop 65
Flame Retardant Commonly Used in Furniture Added to Proposition 65 Chemical List
By Sheppard Mullin on
Posted in Environmental, Prop 65
The chemical commonly known as “TDCPP” or “Tris” [Tris(1,2-dichloro-2-proply) phosphate)] is commonly used as a flame retardant in home furnishings (couches, chairs, pillows, and ottomans) as well as automotive products (seat padding, overhead liners, foams, and infant car seats). In October 2011, California’s Office of Environmental Health Hazard Assessment (OEHHA) listed TDCPP as a chemical on Proposition 65 list of chemicals.…
Continue Reading Flame Retardant Commonly Used in Furniture Added to Proposition 65 Chemical List
Proposition 65 Private Party Settlement Guidance Provides Clarity and a Limitation on Releases in the Public Interest
By Sheppard Mullin on
Posted in Environmental, Prop 65
In January, the Attorney General released a guidance document that details what the state will and will not approve in future private Proposition 65 lawsuit settlements[1]. This guidance provides clarity to both plaintiffs and businesses and is intended to limit the scope of any “public interest release” that plaintiffs can offer.…
California Court of Appeal Upholds Dismissal of Claims Based on Overbroad Prop 65 Notices
By Sheppard Mullin on
In Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America, et al., 129 Cal. App. 4th 540 (2005), the California Court of Appeal (2nd District) reviewed and rejected as invalid certain notices served by plaintiff Consumer Advocacy Group (CAG) on numerous hotels and retail establishments under Proposition 65. The court accordingly upheld the trial court’s dismissal of CAG’s claims against those defendants upon whom CAG served invalid notices.
Continue Reading California Court of Appeal Upholds Dismissal of Claims Based on Overbroad Prop 65 Notices