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California Adds Styrene to Proposition 65 List; Proposes NSRL

By Sheila Millar & Peter L. de la Cruz on April 22, 2016
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On April 22, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) added styrene to the Proposition 65 list of carcinogens. OEHHA maintains a list of chemicals required under Proposition 65 (formally, the California Safe Drinking Water and Toxic Enforcement Act) that are “known to the state” to be reproductive toxicants or carcinogens based on Proposition 65 criteria. OEHHA also proposed a No Significant Risk Level, or NSRL, for styrene of 27 µg per day. Under Proposition 65, companies that sell products in the state must inform consumers if their products or establishments will expose consumers to a listed chemical above the NSRL.

OEHHA’s listing follows a litigation settlement with the Sierra Club. The settlement agreement required OEHHA to decide whether to list a number of substances under Proposition 65’s “authoritative bodies” listing mechanism if there is sufficient evidence to conclude that the chemical is a carcinogen to humans. OEHHA’s listing is based on a 2011 action by the National Toxicology Program’s (NTP) Report on Carcinogens, which listed styrene as “reasonably anticipated to be a human carcinogen.”

Comments on the proposed NSRL are due by June 6, 2016.

Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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Photo of Peter L. de la Cruz Peter L. de la Cruz

Senior Counsel at Keller and Heckman LLP

Washington, DC

delacruz@khlaw.com

+1 202.434.4141

To learn more about Peter’s practice areas, click here.
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  • Posted in:
    Environmental and Climate, Other
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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