American Chemistry Council v. Office of Environmental Health etc.
Annotate this CaseIn 2013 the Carcinogen Identification Committee (Committee) voted to list the chemical diisononyl phthalate (DINP) as a cancer causing chemical. DINP was used to soften vinyl for use in flooring, wire insulation, gloves, garden hoses, artificial leather, and roofing materials. The Committee concluded DINP caused various types of cancer in animals and that the mechanisms by which DINP caused cancer in animals were relevant to humans. Subsequently, the Office of Environmental Health Hazard Assessment (OEHHA) added DINP to the Proposition 65 list. Plaintiff American Chemistry Council (Chemistry) challenged the action, arguing it was arbitrary and capricious. The Chamber of Commerce of the United States filed an amicus curiae brief in support of Chemistry. Chemistry appealed the trial court’s denial of its petition for writ of mandate, arguing there was insufficient evidence that DINP causes cancer in humans. The Court of Appeal found, after its review of the record, that the Committee considered much of the evidence Chemistry accused it of ignoring. "The record reveals the Committee review was not rushed and did not render the Committee’s decision arbitrary and capricious." The Court therefore affirmed the trial court’s denial of its petition for writ of mandate.
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