California Adds Methanol to the Prop 65 List as a Reproductive Toxicant

California Adds Methanol to the Prop 65 List as a Reproductive Toxicant

The Office of Health Hazard Assessment ("OEHHA") [pronounced Oh-we-hah] has added methanol (CAS No. 67-56-1) to the list of chemicals known to the State to cause reproductive toxicity for purposes of Proposition 65. A "reproductive toxicant" is one that causes birth defects and/or interferes with male and/or female fertility. Warnings are not required for a one-year period following the listing; thereafter, if a consumer using a product or a citizen breathing air (for example) are exposed to more than 1/1000 of the no-effects level of methanol, then the warning requirement is triggered.

OEHHA listed methanol using the "authoritative body" mechanism per 27 C.C.R. 25306. [See http://www.oehha.ca.gov/prop65/law/P65Regs.html for Prop. 65 regulations.] In the case of methanol, the listing was based on a study done by the National Toxicology Program.

The OEHHA "report" on methanol can be found at http://oehha.ca.gov/prop65/prop65_list/031612list.html. The OEHHA Technical Support document on methanol can be found at http://www.oehha.ca.gov/serp.html?q=methanol&cx=001779225245372747843%3Av3sx-oyt7xc&cof=FORID%3A10&ie=UTF-8&oq=&aq=&aqi=&aql=&gs_sm=&gs_upl=&submit.x=9&submit.y=11. It is the second item noted.

The list of chemicals subject to Proposition 65 can be found at http://www.oehha.ca.gov/prop65/prop65_list/Newlist.html.

A review of Proposition 65 and how it operates can be found at http://www.rmkb.com/index.cfm/publications/publication-details/?pkid=253.

A discussion of a strategy for defending against a Prop. 65 claim for consumer products can be found at http://www.rmkb.com/index.cfm/publications/publication-details/?pkid=873.