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Tag Archives: Proposition 65

Proposition 65 – Twenty-Seven Years Later And Still No Observable Effect

Posted in Agriculture Law, Food Safety, Prop 65, Water Law, Water Quality

Professor Michael L. Marlow of Cal Poly San Luis Obispo recently published a preview of his paper on cancer rates and Proposition 65 entitled, “Too Much (Questionable) Information?” See Wall Street Journal, page A13, January 21, 2014. Proposition 65 is the popular name for the California Safe Drinking Water and Toxic Enforcement Act of 1986,… Continue Reading

FDA Proposes Arsenic Action Level for Apple Juice

Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization Act, Prop 65, Uncategorized

July 12, 2013  the FDA announced a proposed action level of 10 ppb (parts per billion) for arsenic in apple juice.  The 10 ppb is the same as EPA  arsenic in drinking water standards. “The FDA is committed to ensuring the safety of the American food supply and to doing what is necessary to protect public… Continue Reading

Brown Supports Changes to Prop 65

Posted in Agricultural Law, Prop 65

Governor Brown announced yesterday  proposed reforms to  Proposition 65, a three decade old proposition approved  by voters to protect Californians from harmful chemicals.    It has,  according to Brown , been abused by some unscrupulous lawyers driven by profit rather than public health. The law which prohibits the exposure to the public  of certain chemicals  “known to the State”… Continue Reading

Xylene Not Added to the Prop 65 List

Posted in Food Safety, Prop 65

The OEHHA DART committee which identifies reproductive hazards for the Prop 65 list declined to list xylene as a reproductive or developmental toxicant.  Xylene is used as a solvent in an number of products including paint, ink and leather products.  The reason the committee did not list the chemical appears to be that the studies… Continue Reading

Supplements are considered “Food” and Subject to the Naturally Occurring Defense Under Prop 65

Posted in Food Safety, Prop 65

San Francisco Superior Court Judge John Munter ruled that dietary supplements  are included in the definition of “foods”under Proposition 65, following a pre-trial motion the sole issue was whether dietary supplements are foods under California law. The consequence of this definition is that the supplement makers can avail themselves of the defense (under the proper circumstances) that the… Continue Reading