The California Office of Environmental Health Hazard Assessment (“OEHHA”) is currently proposing significant changes to the California Proposition 65 regulations requiring warnings to individuals exposed to listed carcinogens and reproductive toxicants. These draft regulations are the subject of great debate as to whether they will streamline Proposition 65 compliance or merely result in more lawsuits. Todd Maiden from Reed Smith will summarize the proposed regulations, comparing them with existing warning obligations.
Dr. Rachel Novick from Cardno ChemRisk will discuss how to approach scientific aspects of a Proposition 65 claim. First, plaintiff data should be carefully evaluated to determine if the sampling and lab analysis was conducted properly. Performing a screening-level exposure assessment may be helpful in making sense of the data and understanding if the claims are realistic. In some cases, a higher level exposure assessment or simulation study may fill data gaps and provide insurance against future claims. Dr. Novick will also address what to do when there is no NRSL/MADL, what this means for health risks, and the potential future changes to the Prop 65 list.