Regarding Certain IARC (International Agency For Research On Cancer) 2B Chemicals

The Third District Court of Appeal recently issued a decision in the Styrene Information and Research Council v. The Office of Environmental Health Hazard Assessment case¹.  The court held that the Office of Environmental Health Hazard Assessment (OEHHA) may not list a chemical as causing cancer under Proposition 65² pursuant to the Labor Code mechanism set out in Health and Safety Code section 25249.8(a), referencing Labor Code section 6382(d), solely on the basis of its identification by the International Agency for Research on Cancer (IARC) as being possibly carcinogenic to humans (Group 2B), where that determination is based on less than sufficient evidence of carcinogenicity in humans and animals. 

The court’s ruling does not affect OEHHA’s duty to list chemicals identified by IARC as possibly carcinogenic to humans, where the determination is based on sufficient evidence of carcinogenicity in either humans or laboratory animals, nor does the ruling affect OEHHA’s duty to list chemicals identified pursuant to other listing mechanisms.  A copy of the court’s decision is available on its website at:  http://www.lexisnexis.com/clients/CACourts/.

The language in the court’s ruling applies to ten chemicals, including four chemicals that are on the Proposition 65 list and six chemicals that had been proposed for listing.  The four chemicals on the Proposition 65 list are actinomycin D, chloramphenicol, dienestrol and phenacetin.  Since these four chemicals were identified by IARC as “Group 2B” chemicals with less than sufficient animal and human evidence at the time they were listed, OEHHA is required to review the basis for listing these chemicals.

The Court’s decision also applies to six chemicals that were previously proposed for listing on June 12, 2009: bleomycins, chlorophenoxy herbicides, marine diesel fuel, progestins, styrene and vinyl acetate.  (See California Regulatory Notice Register No. 24-Z, page 924). 

OEHHA is announcing that it will take the following actions on these chemicals based on the court’s decision.  Separate Notices for these actions are being issued concurrently with this notice.

CHEMICALS CURRENTLY ON THE PROPOSITION 65 LIST

CHEMICALS PREVIOUSLY PROPOSED FOR LISTING

For questions regarding this notice, please contact: the Proposition 65 Office at (916) 445-6900 or email sam.delson@oehha.ca.gov.

Chemical Reference

• Phenacetin
• Actinomycin D
• Vinyl Acetate

Related Notices

• Chemicals Proposed for Listing by the Labor Code Mechanism (Carcinogens)

  Jun 12, 2009
• Notice of Intent to Change the Basis for Listing as Known to the State of California to Cause Cancer: Actinomycin D

  Jan 4, 2013
• Chemical Listed Effective September 27, 2013 as Known to the State of California to Cause Cancer: Chloramphenicol Sodium Succinate

  Sep 27, 2013
• Notice of Intent to List Styrene by the Labor Code Mechanism

  Jan 4, 2013
• Chloramphenicol Delisted Effective January 4, 2013 From the List of Chemicals Known to the State of California to Cause Cancer

  Jan 4, 2013
• Dienestrol Delisted Effective January 4, 2013 From the List of Chemicals Known to the State of California to Cause Cancer

  Jan 4, 2013

Footnotes and References

¹Styrene Information and Research Center  v Office of Environmental Health Hazard Assessment (Nov. 15, 2012) 210 Cal.App.4th 1082

²  Health and Safety Code section 25249.5 et seq., commonly known as “Proposition 65.”