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Tuesday, February 20 • 2:00pm - 3:15pm
Tutorial # 5: Prop 65 Changes/Reconciling Regulatory Compliance With Defending State Product Liability Lawsuits

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My product contains a listed chemical! What warnings are necessary under the new regimen that is effective August 2018? How do I know if a warning is necessary and how do I comply with the new rules? 

Proposition 65 requires businesses to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical. Businesses are exempt from the warning requirement if it can be shown that potential exposures are so low as to not create a significant risk of cancer, birth defects or other reproductive harm. California’s Office of Environmental Health Hazard Assessment (“OEHHA”) develops numerical guidance levels, known as “safe harbor numbers”, for determining whether a warning is necessary. Determining anticipated levels of exposure to listed chemicals are product specific which can be complex undertakings; however, an approach relying on specialized analytical testing and methods similar to those established by OEHHA for the Safety Use Determination process can streamline this process. In the event that the safe harbor levels are not met warnings under the new regimen effective August 2018 will be necessary. This tutorial will address exposure assessment methods and assumptions and will also provide practical solutions to complying with the new warnings. These solutions will be addressed through interactive hypotheticals as well as providing real world solutions to inform the decision making process regarding Proposition 65 warnings.



avatar for Dan Herling

Dan Herling

Partner, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Dan Herling's practice is focused on product liability issues relating to consumer products.  Specific to consumer class action lawsuits, Dan has successfully defended clients in class actions alleging false or misleading labeling or advertising of foods, cosmetics, over-the-counter... Read More →

avatar for Tabatha Bauer

Tabatha Bauer

Director, Logistics & Compliance, Staples Promotional Products
Tabatha Bauer is the Director of Logistics & Compliance for Staples Promotional Products, the largest distributor in the promotional products industry.  She is responsible for a team who oversee product safety, social responsibility, C-TPAT compliance, haz mat transportation and... Read More →
avatar for Christina Crimi

Christina Crimi

Consumer and Retail Business Manager, Chemistry and Restricted Substance Testing Services (RSTS), SGS - North America, Inc.
Christina Crimi is a Product Safety Regulatory and Compliance Expert focused on Chemical Safety for Consumer goods (Toys, Juvenile products, Hardgoods, Softlines, Medical Devices, Electrical...). Finance and Business development focus as well.California Prop 65CPSIAROHSREACH/SVHCFDA... Read More →
avatar for Elliot Sigal

Elliot Sigal

Vice President and Senior Toxicologist, Intrinsik Corporation
Elliot Sigal is a Senior Toxicologist and Vice President of Intrinsik Corp.  He has over 25 years of experience in human health risk assessment, ecological risk assessment, toxicology, peer review, public consultation, risk communication and risk management.  He is often called... Read More →

Tuesday February 20, 2018 2:00pm - 3:15pm PST
Grand Cypress A/B/C