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Styrene Information & Research Center v. Office of Environmental Health Hazard Assessment

ELR Citation: 42 ELR 20223
Nos. C064301, (Cal. Ct. App. 3d Dist., 10/31/2012)

A California appellate court affirmed a lower court decision prohibiting the inclusion of styrene and vinyl acetate as possible carcinogens on the state's Proposition 65 list. The Proposition 65 list is limited to chemicals for which it has been determined, either by the Office of Environmental Health Hazard Assessment (OEHHA) through one of the methods described in Health and Safety Code §25249.8(b), or through the Labor Code method of adopting findings from authoritative sources, that the chemical is known to cause cancer or reproductive toxicity. Here, the OEHHA listed styrene and vinyl acetate based on their inclusion in the International Agency for Research on Cancer (IARC) monographs. But the findings in the IARC monographs do not satisfy the requirements set forth in the Health and Safety Code or the Labor Code. The chemicals, therefore, cannot be included on the Proposition 65 list on that basis alone. And because the OEHHA did not propose any other basis for including the substances on the list, they must be excluded.