SAN FRANCISCO, California, May 4, 2009 (ENS) – California’s right-to-know and safe drinking water protection law, Proposition 65, must be extended to toxic chemicals known to cause cancer and reproductive harm that are already identified under worker protection standards, the Alameda County Superior Court has ruled.

On April 24, the court held that California has an annual legal duty to update the Proposition 65 list with carcinogens and reproductive toxins identified under worker protection standards.

The court ruled in favor of labor and environmental groups, including the Natural Resources Defense Council, United Steelworkers and Sierra Club that fought the case against the California Chamber of Commerce.

A popular lawn and garden chemical that could be listed under Proposition 65 (Photo credit unknown)

“This is a victory for the health of all California families and communities, who have a right to know when they are exposed to chemicals that cause cancer and birth defects,” said Michael Wall, senior attorney with the Natural Resources Defense Council. “This decision will prevent bureaucratic delays from standing in the way of health and drinking water protections.”

Under Proposition 65, California annually publishes a list of chemicals that warns consumers of harmful substances and prohibits the discharges of listed chemicals into drinking water sources.

For years, California has failed to include a number of carcinogens and reproductive toxins on the list that were already the subject of workplace warning requirements.

The groups sued the state in 2007 over its failure to keep the Proposition 65 list current in light of new science and revised workplace protections. The court’s ruling rejected an argument made by the California Chamber of Commerce in a consolidated lawsuit.

“Californians have a right to know whether household products like frying pans and food packaging are putting our families and workers at risk,” said Bill Magavern, director of Sierra Club California. “That’s why the voters passed Proposition 65, and the state needs to fully enforce the law.”

The list of chemicals California must now add to the Proposition 65 list is still in dispute, but more than 90 additional chemicals identified in workplace safety standards are at issue, says Wall.

Chemicals that are likely to be listed as a result of this ruling include styrene, a principal ingredient in various plastic and foam products, gasoline additives such as tert-amyl methyl ether, and carbaryl, a common lawn and garden pesticide.

Any company with 10 or more employees that operates within the state or sells products in California must comply with the requirements of Proposition 65.

Under Proposition 65, businesses are prohibited from knowingly discharging listed chemicals into sources of drinking water; and required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical.

This warning can be given by a variety of means, such as by labeling a consumer product, by posting signs at the workplace, or by publishing notices in a newspaper.

The list contains a wide range of chemicals, including dyes, solvents, pesticides, drugs, food additives, and by-products of industrial processes.

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