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.

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%)

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.

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.

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 attorneys fees in Proposition 65 cases. Cap or limit attorneys fees in Proposition 65 cases. Require stronger demonstration by plaintiffs that they have information Require stronger demonstration by plaintiffs that they have information to support claims before litigation begins. to support claims before litigation begins. Require greater disclosure of plaintiffs information. Require greater disclosure of plaintiffs information. Set limits on the amount of money in an enforcement case that can go Set limits on the amount of money in an enforcement case that can go into settlement funds in lieu of penalties. into settlement funds in lieu of penalties. Provide the State with the ability to adjust the level at which Proposition Provide the State with the ability to adjust the level at which Proposition 65 warnings are needed for chemicals that cause reproductive harm. 65 warnings are needed for chemicals that cause reproductive harm. Require more useful information to the public on what they are being Require more useful information to the public on what they are being exposed to and how they can protect themselves. exposed to and how they can protect themselves.

Revision to the List of Chemicals in 2013 Chemical Type of Toxicity Listing Mechanism CAS No. Date Listed Emissions from combustion of coal cancerAB Aug-13 Hydrogen cyanide (HCN) and cyanide salts (CN salts) maleAB Jul-13 Clomiphene citrate cancerFR May-13 Bisphenol A (BPA) Delisted April 19, 2013 developmental AB Apr-13 C.I. Disperse Yellow 3 cancerSQE Feb-13 2,6-Dimethyl-N- nitrosomorpholine (DMNM) cancerSQE Feb-13

AGENDA FOR THE OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT (OEHHA) WORKSHOP 7/30/13)

AGENDA CONTINUED

OEHHA HAS RECENTLY LISTED A NEW CHEMICAL: OEHHA Example – Parking Garage