On December 22, 1999, a lawsuit was filed alleging that a number of major paper manufacturers violated Prop 65 for exposing individuals to formaldehyde, benzene, toluen diisocyanate, and toluene from carbonless paper.  Carbonless Copy Paper Injury and Information Network, et al. v. Appleton Papers, et al., SF Superior no. 308779.   The suit also alleges that individual plaintiffs have suffered personal injuries from exposures to carbonless paper.

On August 21, 2000, Judge Garcia of the SF Superior Court dismissed claims relating to workplace exposures, holding that the preemption of the OSH Act precluded the imposition of Prop 65 liability on out-of-state manufacturers.  [For more on OSHA preemption, see the Occupational Litigation page.]   He rejected the plaintiff's claim that the occupational exposure rules should not apply when office workers do not reasonably expect to be exposed to "toxic" chemicals.  The judge also dismissed the case based on inadequate 60-day notices, which did not adequately describe the geographic location where employees were exposed, or the occupation(s) which are related to the exposures.  He did leave the consumer products exposures portion of the case pending.

This page last updated December 2000