Man, Apple just can't catch a break, evironmentally speaking. In addition to receiving thorough tongue lashing from Greenpeace about potentially hazardous chemicals in the iPhone, the Center for Environmental Health upped the stakes on Monday and said it will actually be initiating legal action against the Cupertino company.
According to spokesperson Charles Margulis, the levels of phthalates (a group of chemical compounds that are mainly used as "plasticizers," i.e., substances that increase flexibility) in the iPhone are in violation of California law, specifically Proposition 65.
Also known as "Safe Drinking Water and Toxic Enforcement Act of 1986," the act says that businesses can't expose consumers to toxic chemicals without warning them of that exposure, explains Caroline Cox, another CEH spokesperson. The state prepares a list of those toxic chemicals that apply spefically to Proposition 65, Cox says, and while it's constantly updated, one of the things it does specify is what's known as a safe harbor level.
"If you fall above that level, you're in violation," Cox says. "Basically, what we're saying in our notice of violation [to Apple] is that [the phone] exposes a user to a level above that."
The CEH says that, as it does in all legal procedures involving Proposition 65, it has issued Apple a 60 day notice of violation. "Our goal is not just to warn but reduce hazardous chemicals," Cox explains. "In that sense, we always try to negotiate a settlement with companies and we would hope to do that in this case."
Apple did not immediately respond to our requests for comment, buthere's a previous statement (.pdf) from Jobs about the company's commitment to Greening itself up.
If Apple does not enter into a binding agreement to both recall the iPhones its already sold, as well as provide clear and reasonable warnings for future shipped iPhones, the CEH says it will file a citizen enforcement lawsuit -- which would allow impacted citizens to be full participants in the litigation and the resulting negotiation and settlement process.
