It’s been more than a year since CBL did an analysis of the frequency various chemicals were the subjects of Proposition 65 Sixty Day Notices / Notices of Violation. As most readers will know, before private party enforcer can bring an enforcement action under Proposition 65, he, she or it must provide the alleged violator with a written notice sixty days (if personally served) 65 days (if mailed to a company in California) or 70 days (if mailed outside the state). The notice must also be filed with the Attorney General’s office, where it immediately becomes a public record. Our analysis of the 2015 notice is here, and analysis of the 2014 notices is here.
There are more than 900 chemicals on the list. But most never are involved in an exposure, whether warned or unwarned. So in 2014, there were 1045 notices, with nearly all the focus on 12 chemicals. In 2015, there were 1335 notices, and 30 identified chemicals. (Some notices alleged exposures to more than one chemical). But 1246 of the chemical naming were of DEHP, lead or DINP.
Not that much changed in 2016, but wait until you read about this year. Last year, the top eleven chemicals in the 1577 notices were these:
Lead or lead compounds 847
DEHP 591
DINP 148
Cadmium 123
Carbon Monoxide 77
Acrylamide 46
DBP 31
Benzophenone 31
Coal tar 24
DIDP 14
BPA 14
Also noticed five times or more were acetaldehyde, arsenic, formaldehyde (gas), marijuana smoke, naphthalene, radio nuclides, TDCPP, and wood dust. Eleven other chemicals were the subjects of notices fewer than five times.
Nothing too surprising about any of this – the big players are lead, DEHP, DINP and cadmium. The BPA listing only took effect mid-year, so we will be expecting more notices of that chemical found in hard plastic products.
But now let’s look at 2017, where things start to get really crazy. More about it after the jump, and you don’t want to miss this one.
As of today, just about 4 ½ months into 2017 we have – wait for it – 1,408 notices. If we prorate that over the year, we could be looking at more than 4,500 sixty day notices this year – certainly a world record.
But it gets even more interesting than that. Here are the most noticed chemicals for 2017 so far:
Myclobutanil 648
Carbaryl 432
DEHP 247
Lead or lead compounds 146
DINP 81
Marijuana smoke 36
Acrylamide 35
Cadmium 24
DIDP 12
BPA 10
The two leading chemicals on this year’s list so far are Myclobutanil and Carbaryl, both pesticide / fungicides. Myclobutanil is listed as a male reproductive toxicant. Carbaryl is listed as a male and female reproductive toxicant and as a carcinogen. And one private party enforcer is alleging that they are both being found in cannabis edibles sold at medical marijuana dispensaries. And that single bounty hunter – “Micheal Murphy as Manager of Clean Cannabis Initiative, LLC,” has sent out 648 sixty day notices this year for one or both of these chemicals!
Cal Biz Lit has never seen a single bounty hunter send out 648 notices in a year. This one sent out 648 in eight days. The legal response to this is “Wow!”
Stay tuned.
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