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NICHOLAS & TOMASEVIC LLP
ATTORNEYS AT LAW
Tel: 619-325-0492 225 Broadway, 19th Floor
Fax: 619-325-0496 San Diego, CA 92101
April 15, 2021
Via Certified Mail
Bio Hazard, Inc.
C/O Sandra Lee (Agent for Service)
6247 Randolph St.
Commerce, CA 90040
Pure Glass Inc.
Attn: Legal Department
6247 Randolph St.
Commerce, CA 90040
Re: Proposition 65 Amended Notice of Violation
To Whom It May Concern:
This notice amends the first amended notice AG #2020-02663 dated October 9,
2020. This amendment expands the product description to all bongs manufactured,
imported, sold, and/or distributed for sale to consumers in California by Bio Hazard,
Inc.
We represent Environmental Health Advocates, Inc., an organization in the State of
California acting in the interest of the general public. This letter serves as notice that the
parties listed above are in violation of Proposition 65, the Safe Drinking Water and Toxic
Enforcement Act, commencing with section 25249.5 of the Health and Safety Code
(“Proposition 65”). In particular, the violations alleged by this notice consist of types of harm
that may potentially result from exposures to the toxic chemical Marijuana (Cannabis) smoke.
Marijuana (Cannabis)
Smoke. Marijuana smokesmoke
has was listed as a developmental toxin on January 3, 2020 and a
carcinogen on June 19, 2009.
The products causing exposures in violation of Proposition 65 are bong products,
manufactured, imported, sold, and/or distributed for sale to consumers in California by Bio
Hazard, Inc., leading to foreseeable exposure to Marijuana (Cannabis) smoke. Bio Hazard,
Inc. sells its bong products online to consumers in California without first providing clear
and reasonable warnings – as required by Proposition 65 and related Regulations – either on
product display pages or at time of purchase. Nor do warnings appear on the labeling of the
bong products when received by consumers. Bio Hazard, Inc. sells bong products online to
consumers in California without Proposition 65 warnings. These bong products include, but
are not limited to:Product Name Manufacturer Distributor/Retailer
1. Insight 3814, Pure Classic Bio Hazard, Inc. Bio Hazard, Inc. /Pure
5012, 10 Arm Single Tree, /PureGlass Inc. Glass Inc.
18” Pure Classic Straight-
Ivory, Areo, 18” Pure
Classic Beaker- Blue Frost,
Anchor, Arrow, Hydro-Gard
Water Bottle, Insight 5012,
KTFO, KTFO 2, Little
Dume, Paradise Cove, Polarize, Pure
Classic 3814, Pure Classic 5018,
Pure Classic 509, Pure Water Bottle,
Spirit, Spirit Halo, Zuma, Zuma
Frost, and Surfrider.
The routes of exposure for the violations include inhalation by consumers. These exposures occur
through the reasonably foreseeable use of the products. The sales of these products have been occurring
since at least May 2020, are continuing to this day and will continue to occur as long as the products
subject to this notice are sold to and used by consumers.
Proposition 65 requires that a clear and reasonable warning is provided with these products
regarding the exposures to Marijuana (Cannabis) smoke caused by ordinary and reasonably foreseeable
use of these products. The above-listed parties are in violation of Proposition 65 by failing to provide
such warning to consumers and because of the sales of these products, exposures to Marijuana
(Cannabis) smoke have been occurring without proper warnings.
Pursuant to Proposition 65, notice and intent to sue shall be provided to violators 60-days before
filing a complaint. This letter provides notice of the alleged violation to the parties listed above and
the appropriate governmental authorities. A summary of Proposition 65 is attached.
If you have any questions or wish to discuss any of the above, please contact me.
Sincerely,
Jake Schulte
EnclosuresAppendix A
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT CALIFORNIA PROTECTION AGENCY
THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACTION 1986
(PROPOSITION 65): A SUMMARY
following:
The following summary has been prepared
by the office of Environmental Health Clear and Reasonable Warnings. A
Hazard Assessment, the lead and Toxic business is required to warn a person before
Enforcement Act 1986 (commonly known as Aknowingly and intentionally@ exposing that
AProposition 65") A copy of this summary person to a listed chemical. The warning
must be included as an attachment to any given must be Aclear and reasonable.@ This
notice of violation served upon an alleged means that the warning must: (1) clearly
violator of the Act. The summary provides make known that the chemical involved is
basic information about the provisions of the known to cause cancer or birth defects or
law, and is intended to serve only as a other reproductive harm; and (2) be given in
convenient source of general information. It such a way that is will effectively reach the
is not intended to provide law. The reader is person before he or she is exposed.
directed to the statue and its implementing Exposures are exempt from the warning
regulations (See citations below) for further requirement if they occur less than twelve
information. months after the date of the listing of the
chemical.
Proposition 65 appears in California law as
Health and Safety Code Sections 25249.5 Prohibition from discharges into drinking
through 25249.13. Regulations that provide water. A business must not knowingly
more specific guidance on compliance, and discharge or release a listed chemical into
that specify procedures to be followed by the water or onto land where it passes or
State in carrying out certain aspects of the probably will pass into a source of drinking
law, are found in Title 27 of the California water. Discharges are exempt from this
Code Regulations, Sections 250000 through requirement if they occur less than twenty
27000. months after the date of the listing of
chemical.
WHAT DOES PROPOSITION 65
REQUIRE? DOES PROPOSITION 65 PROVIDE
The “Governor=s List.@ Proposition 65 ANY EXEMPTIONS?
requires the Governor to publish a list of
chemicals that are known to the State of Yes. The law exempts:
California to cause cancer, or birth defects or
other reproductive harm. This list must be Governmental agencies and public water
updated at least once a year. Over 725 utilities. All agencies of the federal, State or
chemicals have been listed as of November local government, as well as entities
16, 2001. Only those chemicals that are on operating public water systems, are exempt.
the list are regulated under this law.
Businesses that produce, use, release, or
otherwise engage in activities involving
those chemicals must comply with thesuch an amount in drinking water.
Exposures that pose no significant risk of
HOW IS PROPOSITION 65
cancer. For chemicals that are listed as
known to the State to cause cancer ENFORCED?
Enforcement is carried out through civil
(Acarcinogens@), a warning is not required if
lawsuits. These lawsuits may be brought be
the business can demonstrate that the
the Attorney General, any district attorney, or
exposure occurs at a level that poses Ano
certain city attorneys (those in cities with a
significant risk.@ This means that the
population exceeding 750,000). Lawsuit may
exposure is calculated to result in not more
also be brought by private parties acting in
than one excess case of cancer in 100,000
the public interest, but only after providing
individuals exposed over a 70- year lifetime.
notice of the alleged violation to the Attorney
The Proposition 65 regulations identify
General, the appropriate district attorney and
specific A no significant risk@ levels for more
city attorney, and the business accused of the
than 250 listed carcinogens.
violation. The notice must provide adequate
information to allow the recipient to assess
Exposures that will produce no observable
the nature of the alleged violation. A notice
reproductive effect at 1,000 times the level
must comply with the information and
in question. For chemicals known to the
procedural requirements specified in
State to cause birth defects or other
regulations (Title 27. California Code of
reproductive harm (Areproductive
Regulations, Section 25903). A private party
toxicants@), a warning is not required if the
may not pursue an enforcement action
business can demonstrate that the exposure
directly under Proposition 65 if one of the
will produce no observable effect, even at
governmental officials noted above initiates
1,000 times the level in question. In other
an action within sixty days of notice.
words, the level of exposure must be below
the Ano observable effect level (NOEL), A A business found to be in violation of
divided by a 1,000- fold safety or uncertainty Proposition 65 is subject to civil penalties of
factor. The Ano observable effect level@ is the up to $2,500 per day for each violation. In
highest dose level which has not been addition, the business may be ordered by a
associated with an observable adverse court of law to stop committing the violation.
reproductive or developmental effect.
FOR FURTHER INFORMATION....
Discharge that do not result in a Contact the Office of Environmental Health
Asignificant amount@ of the listed chemical Hazard Assessment=s Proposition 65
entering into any source of drinking water. Implementation Office at (916)445-6900
The prohibition from discharges into
drinking water does not apply if the
discharger is able to demonstrate that a
Asignificant amount@ of the list chemical has
not, does not, or will not enter any drinking
water source, and that the discharge complies
with all other applicable laws, regulations,
permits, requirements, or orders. A
Asignificant amount@ means any detectable
amount; expect an amount that would meet
the A no significant risk@ or Ano observable
effect@ test if an individual were exposed toCERTIFICATE OF MERIT
I, Jake Schulte, hereby declare:
1. This Certificate of Merit accompanies the attached sixty-day notice in which it is alleged
the parties identified in the notice have violated Health and Safety Code section 25249.6 by failing
to provide clear and reasonable warnings.
2. I am an attorney for the noticing party.
3. I have consulted with one or more persons with relevant and appropriate experience or
expertise who has reviewed facts, studies, or other data regarding the alleged exposure to the listed
chemical that is the subject of the action.
4. Based on the information obtained through those consultations, and on all other
information in my possession, I believe there is a reasonable and meritorious case for the private
action. I understand that “reasonable and meritorious case for the private action” means that the
information provides a credible basis that all elements of the plaintiffs' case can be established and
the information did not prove that the alleged violator will be able to establish any of the
affirmative defenses set forth in the statute.
5. The copy of this Certificate of Merit served on the Attorney General attaches to it factual
information sufficient to establish the basis for this certificate, including the information identified
in Health and Safety Code section 25249.7(h)(2), i.e., (1) the identity of the persons consulted with
and relied on by the certifier, and (2) the facts, studies, or other data reviewed by those persons.
Dated: April 15, 2021
Jake Schulte, Attorney at LawCERTIFICATE OF SERVICE
I, Natalie Palmberg, declare that I am over the age of 18 years, and am not a party to the
within action. I am employed in the County of San Diego, California, where the mailing occurs;
and my business address is 225 Broadway, 21st Floor, San Diego, California 92101.
On April 15, 2021, I served the following documents: (1) 60-DAY NOTICE OF
VIOLATION SENT IN COMPLIANCE WITH HEALTH & SAFETY CODE SECTION
25249.7(d); (2) CERTIFICATE OF MERIT; (3) PROPOSITION 65: A
SUMMARY; and (4) CERTIFICATE OF MERIT ATTACHMENT (served only on the
Attorney General) on the parties listed below by placing a true and correct copy thereof in a sealed
envelope, addressed to each party and depositing it at my business address with the U.S. Postal
Service for delivery by Certified Mail with the postage thereon fully prepaid:
Via Certified Mail
Bio Hazard, Inc. Pure Glass Inc.
C/O Sandra Lee (Agent for Service) Attn. Legal Department
6247 Randolph St. 6247 Randolph Street
Commerce, CA 90040 Commerce, CA 90040
On April 15, 2021, I served the California Attorney General (via website Portal) by
uploading a true and correct copy thereof as a PDF file via the California Attorney General’s
website.
On April 15, 2021, I transmitted via electronic mail the above-listed documents to the
electronic mail addresses of the City and/or District Attorneys who have specifically authorized e-
mail service and the authorization appears on the Attorney General’s web site.
See Attached Service List
On April 15, 2021, I served the following persons and/or entities at the last known address
by placing a true and correct copy thereof in a sealed envelope and depositing it at my business
address with the U.S. Postal Service for delivery with the postage thereon fully prepaid, and
addressed as follows:
See Attached Service List
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on April 15, 2021 in San Diego, California.
Natalie PalmbergE-Mail Service List
Stacey Grassini, Deputy District Attorney Eric J. Dobroth, Deputy District Attorney
CONTRA COSTA COUNTY SAN LUIS OBISPO COUNTY
900 Ward Street County Government Center Annex, 4th Floor
Martinez, CA 94553 San Luis Obispo, CA 93408
sgrassini@contracostada.org edobroth@co.slo.ca.us
Michelle Latimer, Program Coordinator Yen Dang, Supervising Deputy District Attorney
LASSEN COUNTY SANTA CLARA COUNTY
220 S. Lassen Street 70 W Hedding St
Susanville, CA 96130 San Jose, CA 95110
mlatimer@co.lassen.ca.us EPU@da.sccgov.org
Dije Ndreu, Deputy District Attorney Stephan R. Passalacqua, District Attorney
MONTERREY COUNTY SONOMA COUNTY
1200 Aguajito Road 600 Administration Drive
Monterey ,CA 93940 Sonoma, CA 95403
Prop65DA@co.monterey.ca.us jbarnes@sonoma-county.org
Allison Haley, District Attorney Phillip J. Cline, District Attorney
NAPA COUNTY TULARE COUNTY
1127 First Street, Ste. C 221 S Mooney Blvd
Napa, CA 94559 Visalia, CA 95370
CEPD@countyofnapa.org Prop65@co.tulare.ca.us
Paul E. Zellerbach, District Attorney Gregory D. Totten, District Attorney
RIVERSIDE COUNTY VENTURA COUNTY
3072 Orange Street 800 S Victoria Ave
Riverside, CA 92501 Ventura, CA 93009
Prop65@rivcoda.org daspecialops@ventura.org
Barbara Yook, District Attorney Jeff W. Reisig, District Attorney
CALAVERAS COUNTY YOLO COUNTY
891 Mountain Ranch Rd. 301 Second Street
San Andreas, CA 95249 Woodland, CA 95695
Prop65Env@co.calaveras.ca.us cfepd@yolocounty.org
Gregory Alker, Assistant District Attorney Tori Verber Salazar, District Attorney
SAN FRANCISCO COUNTY SAN JOAQUIN COUNTY
732 Brannan Street
222 E. Weber Avenue, Room 202
San Francisco, CA 94103
Stockton, CA 95202
gregory.alker@sfgov.org
DAConsumer.Environmental@sjcda.org
Kathryn L. Turner, Chief Deputy City Attorney
Christopher Dalbey, Deputy District Attorney
CITY OF SAN DIEGO
SANTA BARBARA COUNTY
1200 Third Avenue
1112 Santa Barbara St.
San Diego, CA 92101
CityAttyCrimProp65@sandiego.gov Santa Barbara, CA 93101
DAProp65@co.santa-barbara.ca.us
Jeffrey S. Rosell, District Attorney
SANTA CRUZ COUNTY Nancy O'Malley, District Attorney
701 Ocean Street ALAMEDA COUNTY
Santa Cruz, CA 95060 7776 Oakport Street, Suite 650
Prop65DA@santacruzcounty.us Oakland, CA 94621
CEPDProp65@acgov.org
Dennis J. Herrera, City Attorney
CITY OF SAN FRANCISCO Barbara M. Yook, District Attorney
City Hall, Room 234 CALAVERAS COUNTY
1 Dr. Carlton B. Goodlett Place 891 Mountain Ranch Road
San Francisco, CA 94102 San Andreas CA 95249
Valerie.lopez@sfcityatty.org Prop65Env@co.calaveras.ca.usMail Service List
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