Cal Biz Lit

Coming Soon to The Proposition 65 List: Roundup, Malathion and Aloe Vera

There are more than 800 chemicals on the Proposition 65 list, supposedly known to the State of California to cause cancer or birth defects or other reproductive harm.  CBL doesn't try to report on every new listing. But we've seen three new proposals to list chemicals recently that have had our attention: aloe vera whole leaf extract, glyphosate and malathion are are being listed under the "Labor Code" mechanism. Essentially, this means a chemical referenced to by Labor Code section 6382(b)(1) is automatically added to the Proposition 65 list. The Labor Code section references chemicals listed as human or animal carcinogens by the United Nations' International Agency for Research on Cancer ("IARC"). So, if a chemical is correctly listed as a carcinogen or probable carcinogen by IARC, it gets listed as a carcinogen by OEHHA. The listing hasn't happened yet, but it will, and one year after listing, companies who expose anyone to these chemicals in California will have to give a "clear and reasonable warning."

The "Aloe Vera whole leaf extract" isn't the stuff we see in skin lotions, or to make sunburn better. It's "whole leaf extract" often sold by health food and supplement stores as a digestive aid.

Aloe Leaf photo credit: Tom Rulkins, Some Rights Reserved, Creative Commons License [Image unmodified]

More after the jump.

Annual Proposition 65 Settlement Reports Are Available

Every year, the Attorney General posts details of all the past years' settlements. This information is valuable, in that it provides all parties -- bounty hunters and companies -- with full information about settlement payments being made to all bounty hunters in all kinds of Proposition 65 cases. Because the highest settlements, lowest settlements and median settlements are all publicly available, less bluffing goes on by either side during the negotiations. 

 

 

 

 

 

 

It's been some months since the AG put up the 2014 numbers, but CBL has been quite a bit behind. Now, however, we have reviewed all the reports (available here) and we provide our summaries. As usual, we have made adjustments to reflect the total number of parties in each settlement, as opposed to treating a single settlement with 10 defendants as if only on company settled, as the AG's numbers would suggest in some instance.

Our first table shows the number of settlements for each bounty hunter, the total amounts, and the amounts and percentages going to penalties, attorneys' fees and payments in lieu of penalties (e.g., "penalty" payments that do not go to the State). The main takeaways: The average settlement in 2014 was $41,819, down 13% from 2013. But the total number of settlements was 705, compared to 353 in 2013, and the total amount paid by industry was about $29.4 million, up from $17 million the year before. Here are the numbers (click the image to make it big enough to read):

 

More after the jump.