Category: Proposition 65

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New Wave of Prop 65 Notices Target Rice Industry

This week, Consumer Advocacy Group (CAG), a non-profit organization that files numerous Proposition 65 (Prop 65) lawsuits each year, issued notices of violation alleging that 15 companies violated California law by selling rice containing arsenic (and in some instances, lead) without a Prop 65 warning. The notices targeted a wide a range of companies, from small … Continue Reading

Food Processors Prop 65 Chemicals of Interest

We recently posted a blog concerning food products and Proposition 65. There have been several chemicals in the news lately that may concern food processors, including methanol, pulegone, beta-myrcene, and PCBs. Methanol, also known as wood alcohol, can be produced by natural fermentation of fruits and vegetables, and additionally when fruit cell membranes are broken … Continue Reading

Proposition 65: New Director of OEHHA

Yesteday, 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 of OEHHA 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 … Continue Reading

Methanol Listed on Prop 65 List, Methanol in Fruit and Vegetables Linked to Pectin

As of March 16, 2012 Methanol was added to the Prop 65 list as a reproductive hazard. According to OEHHA ,Methanol occurs naturally in fruits and vegetables. Methanol is also formed when fruits and vegetables are physically prepared for consumption by slicing, chopping, pureeing and juicing. The production of free methanol in all these instances is the result … Continue Reading

FDA Issues Interim Regulation and Input on Document Inspection Requirements under FSMA

Effective March 1, 2012, the FDA implemented an Interim Final Rule on the “Establishment, Maintenance, and Availability of Records” under the Food Safety Modernization Act, “FSMA”. The FSMA statute among other new provisions, expanded the FDA’s authority to access and demand records from relating to the specific suspect article of food records, to include those relating … Continue Reading

Proposition 65 case involving 4-MEI in soda

For news on the first alleged Proposition 65 violation concerning 4-Methylimidazole (4-MEI) in soda, see my blog posting in the environmental law blog.  4-MEI exists in some food and beverage products, including certain sodas, beers, soy sauces, breads, and coffees, among others.  http://www.californiaenvironmentallawblog.com/first-prop-65-notice-of-violation-issued-regarding-4-mei-in-soft-drinks/  … Continue Reading

SULFUR DIOXIDE LISTED AS A PROP 65 CHEMICAL

Sulfur dioxide was recently added as a Proposition 65 chemical that could require warnings to consumers and employees as a chemical that may cause reproductive effects. The listing of sulfur dioxide will be particularly troublesome because sulfur dioxide is used as a fumigant and preservative on a number of fruits, including grapes and in related … Continue Reading

California Appeals Court: No Mercury Warnings Required on Canned Tuna

The California Court of Appeal for the First Appellate District has upheld a trial court ruling that canned tuna sold in California need not warn consumers about methylmercury.   In 2004, the State of California sued three tuna companies: Tri-Union Seafoods, LLC; Del Monte Corporation; and Bumble Bee Foods, LLC. The state argued, among other things, … Continue Reading
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