What's Happening?
The California Office of Environmental Health Hazard Assessment (OEHHA) has proposed a 'no significant risk level' (NSRL) for diethanolamine (DEA) under Proposition 65. DEA is a chemical commonly found in cosmetics, shampoos, and detergents. The proposed NSRL aims to provide a safe-harbor level for exposures, exempting businesses from displaying Proposition 65 warnings if exposures are below this level. This proposal comes amid a surge in Proposition 65 notices related to DEA, particularly affecting cosmetic manufacturers. The public comment period for this proposal is open until November 7, after which OEHHA may revise and adopt the proposal.
Why It's Important?
The establishment of an NSRL for DEA is crucial for businesses, especially cosmetic manufacturers, as it provides clarity and a defensible standard for compliance with Proposition 65. This could reduce litigation and enforcement actions, as businesses would have a clear benchmark for safe exposure levels. The proposal is expected to streamline settlement negotiations and reduce the burden on companies to establish their own safe levels, potentially lowering compliance costs and legal risks.
What's Next?
Following the public comment period, OEHHA may revise the proposal based on feedback and proceed towards adoption. Businesses are encouraged to assess their product lines for DEA content and consider reformulation or compliance strategies to align with the proposed NSRL. Companies may also submit technical comments to OEHHA to request adjustments or clarifications before the November 7 deadline.
Beyond the Headlines
The proposed NSRL for DEA highlights the ongoing challenges businesses face in navigating Proposition 65 regulations. It underscores the importance of regulatory clarity in reducing legal uncertainties and fostering a more predictable business environment. The proposal also reflects broader efforts to balance public health concerns with economic interests, ensuring consumer safety while supporting industry growth.
