Read the full article by Sarah Carter and Rick Rothman (JD Supra)

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) recently took steps pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65, to further regulate perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), and other perfluoroalkyl substances (PFAS).


First, OEHHA published a notice of intent proposing to list PFOA as a chemical known to the state to cause cancer. PFOA is one of the more prevalent and widely known perfluoroalkyl substances, a group of synthetic, non-naturally occurring chemicals predominantly used in consumer and commercial products for their fire resistant and oil, grease, and water repellency characteristics. OEHHA’s listing proposal is based on the results of the National Toxicology Program’s (NTP’s) May 2020 report finding evidence of carcinogenic activity when PFOA was administered in feed to rats. OEHHA is requesting public comment as to whether PFOA meets the criteria set forth in Proposition 65. The period for public comment is open from now until May 3, 2021. Comments may be submitted on the OEHHA website.


Second, OEHHA published a separate notice less than a week later announcing a review of the carcinogenic hazards of PFOS and its salts and transformation and degradation precursors in advance of possible listing under Proposition 65. The Carcinogen Identification Committee (CIC) will conduct the review…”