Calif. Governor Jerry Brown has proposed significant reforms to Prop. 65, the state's Safe Drinking Water and Toxic
Enforcement Act. We generally support the Brown administration's efforts—particularly when it comes to warning
labels. Brown's proposal would make warning labels much more specific, telling people about particular chemicals while providing tips on how to minimize exposure.
We also support efforts to limit frivolous
lawsuits that don’t make California’s products any safer. While there may be
some unscrupulous attorneys only looking to make a quick buck using Prop 65, it
is important to note that many Prop. 65
lawsuits have propelled momentum on regulations of toxic substances including caramel coloring and lead.
Despite our support of these items, we are
concerned about one portion of the proposed reform. Brown is considering lowering the threshold levels of
chemicals that would trigger warning labels. Though his newly proposed no-observed-adverse-effect
levels may make sense for some chemicals, endocrine disruptors like BPA and phthalates require a
more nuanced approach since they can be harmful (especially to pregnant women,
infants and children) at extremely low doses. In the end, any provisions should
maintain the integrity of Prop. 65 and avoid rendering it toothless
regulation.
Gretchen Lee Salter, the Breast Cancer Fund's
senior policy manager, was recently interviewed for an E&E article about
the proposed changes:
The law has "really
been successful taking toxic chemicals out of consumer products," said
Gretchen Lee Salter, senior program and policy manager at the Breast Cancer
Fund. Companies have reformulated items rather than disclosing chemicals, she
said, because landing on the state's Proposition 65 list is like the
"Scarlet Letter."
"We just want to
make sure that any reforms that may happen, that we don't lose that aspect of
Proposition 65," Salter said.
And as other states enact
toxics policies and create lists of problematic chemicals, they often look to
the Golden State's list as authoritative, she said, adding "we want to
make sure that California maintains its leadership."
Salter also said she was
concerned that the process of changing the law could open the door for the
chemical industry lobby to advance the rewrites it wants.
We’ll
continue to work with the administration to ensure Prop 65 protects
public health in the way it always has.
The E&E story is not available online, but you
can read more about Gov. Brown's proposed changes in the San Francisco Chronicle and the LA Times.
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