Over 30 Years Of Representing Businesses And Their Owners
A state appellate court has upheld a trial court decision that found paint companies created a public nuisance by promoting lead paint use in residential homes, although it reduced the $1.15 billion award, and limited the relevant time period to pre-1951. See People v. ConAgra Grocery Products Company, Opinion, H040880 (6th Cal. App filed Nov. 14, 2017). The Counties of…
December 2017 OEHHA finalized minor amendments to the new Labeling requirements. Most of the changes are not substantive and were meant to clarify the existing regulations. Subsequent to the adoption of the August 2016 amendments to the Article 6 Clear andReasonable Warnings regulations, the Office of Environmental Health HazardAssessment (OEHHA) received numerous inquiries related to the interpretation andapplication of several…
The Governor signed AB No. 1583. The bill that would allow discovery of the basis for the certificate of merit in a 60 Day Notice was signed by the governor: If the notice made by a person bringing an action in the public interest alleges a violation of the act’s warning requirement, existing law requires that the notice include a…
About the Firm: Established in 1994, Coleman & Horowitt is a state-wide law firm focused on delivering responsive and value driven service and preventive law. The firm represents businesses and their owners in matters…
By: Lee N. Smith To download the PDF click here On September 25 we attended the Prop 65 Clearinghouse Annual Conference. Most of the conference concerned how to comply with the new labeling regulations which are effective as of August 2018. SUMMARY A. In summary, there is new safe harbor language, a new website for consumers,and language which attempts to…
Michelle Lee, the director of the United States Patent and Trademark Office resigned on June 6, 2017, apparently effective the same day. Michelle Lee was a favorite of large technology companies, many of which lobbied to keep her in place during a Trump administration. By contrast, many inventors and biotechnology companies were unhappy with how she implemented the post-grant review…
The State announced that starting July 7 the Roundup’s main ingredient, glyphosate, will be listed on Prop 65. A year later, warning labels could be required on the product. Monsanto, the chemical’s maker, has however filed an appeal after losing in court to block the labeling, arguing that Roundup does not the requirements under Prop 65 as a carcinogen. …
To download the PDF Click here The legislature is considering a bill (AB 1583) that would revise the rules governing certificates of merit. Currently anyone alleging a violation of Prop. 65 must complete a certificate of merit showing they have consulted with an appropriate expert who agrees that there is a reasonable and meritorious basis for the action. The party…
The Office of Environmental Health Hazard Assessment (OEHHA) has proposed two changes in its regulations regarding the contents of the Notices of Violation. The first change is being made to section 25903(b)(2)(E), concerning occupational exposures. Such notices are to contain specific language required by the Occupational Health and Safety Regulations in Title 8, Section 338(b) of the California Code of…
Hearing on “Naturally Occurring” Lead Levels in Candy Containing Chili and Tamarind The Office of Environmental Health Hazard Assessment (OEHHA) is holding a public hearing in response to a petition from the Center for Environmental Health requesting that OEHHA “commence the regulatory process to issue regulations pursuant to Health & Safety Code §110552 setting a ‘naturally occurring’ lead level in candy…