Proposition 65 updates: Permanent injunction against glyphosate, proposed naturally-occurring lead levels in certain candies, and safe harbor level adopted for chlorpyrifos

On July 8, the Office of Environmental Health Hazard Assessment (OEHHA) adopted three safe harbor levels or maximum allowable levels (MADLs) for the chemical chlorpyrifos.

On June 22, the United States District Court (Eastern District of California) entered a permanent injunction barring the enforcement against the cancer warning requirements for glyphosate under Proposition 65. The court reasoned the cancer warning requirements violate Plaintiffs' First Amendment rights by compelling them to make false and misleading statements.

On June 19, OEHHA proposed to establish a naturally-occurring level of lead in candies containing chili and/or tamarind at 0.02 parts per million (ppm). Notably, OEHHA developed an ingredient-based approach to estimate the sum of lead in candies containing chili and tamarind, based on an evaluation of the lead in each ingredient. Written comments to the proposed rule are due by August 18, 2020.

Read More: Proposition 65 updates: Permanent injunction against glyphosate, proposed naturally-occurring lead levels in certain candies, and safe harbor level adopted for chlorpyrifos


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