Proposition 65 Advisory

October 2, 2000

Proposition 65 Advisory 00-V

"Bounty-Hunter" Action Initiated Against
Manufacturers, Distributors and Retailers of
Cleaning Agents that Contain Bleach

An organization known as The Working Group on Carcinogens and Immune Suppressing Chemicals ("CISC") sent a Proposition 65 "Notice of Intent to Sue" to approximately twenty-five manufacturers, distributors and retailers of cleaning products that contain bleach. Dated September 14, the Notice alleges that these companies are in violation of Proposition 65 because they have failed to provide Proposition 65 warnings for these products, the use of which results in exposure to two chemicals -- chloroform and bromodichloromethane - that are listed under Proposition 65 as carcinogens.

CISC is a well-known Proposition 65 plaintiff. The group brought a case in 1997 against manufacturers and distributors of intravenous feeding products, alleging that the use of those products resulted in exposure to a plasticizer chemical, DEHP. The group also brought a significant case against manufacturers of a dry-cleaning fluid, perchloroethylene. In order to settle those actions, the manufacturers of those products agreed to elaborate requirements to distribute warnings to patients treated with IV devices, and to dry-cleaning customers.

The theory behind the action involving bleach differs from most Proposition 65 cases, because the Plaintiff's counsel admits that the products identified in the Notice do not actually contain the chemicals to which exposure is alleged at significant levels. Rather, Plaintiff's counsel contends that chloroform and bromodichloromethane are released when the bleach products are used in or diluted with water, and that he has conducted testing that shows that the exposure to these chemicals exceeds their Proposition 65 warning thresholds under normal conditions of use.

The Notice alleges that exposure occurs by the dermal, ingestion and inhalation routes. It further alleges that the companies that manufacture, distribute and sell these products have exposed workers, their employees, their customers and their families, and consumers to Proposition 65-listed chemicals without warnings.

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