Proposition 65

California is home to some of the strictest environmental and product safety regulations in the United States.

Among these statutes is Proposition 65, a law approved by the state’s voters in 1986 requiring businesses to provide warnings about significant exposures to a long (and ever-growing) list of harmful chemicals. Whether the chemicals lie within household products, exist in workplaces or are released into drinking water sources, penalties for violations can be severe.

Wolf Wallenstein lawyers advise businesses based in California and beyond on Proposition 65 compliance and litigation avoidance, and defend clients against both public and private enforcement actions. Reflecting the scope of the law, we work closely with companies operating in numerous sectors, including aerospace, apparel, auto parts and supplies, consumer products, cosmetics and personal care products, electronics, food manufacturing and distribution, jewelry and watches, outdoor park equipment, plumbing products, real estate property management and sporting goods.

Effective counsel in this area requires a keen understanding of the continually evolving regulatory and enforcement landscape as well as familiarity with the latest science in chemicals and testing. We collaborate with clients to properly label new and existing products being sold in California and to ensure that their operations and physical properties comply with all warning sign requirements.

Where the threat of an enforcement action arises, Wolf Wallenstein lawyers focus on defending individual clients and coordinating defense coalitions. In this role, they have litigated dozens of matters, and have developed a network of leading experts who can evaluate and consult on chemical exposures in support of client positions. However, we also recognize the reality that most Proposition 65 cases are resolved through negotiated settlements. Our lawyers are skilled in pursuing and obtaining settlements that meet client business needs.

Litigation

Wolf Wallenstein’s Proposition 65 litigation experience focuses on defense. The strength of that defense usually turns on the amount of chemicals in a product. WW’s attorneys understand the intricacies of the regulations and statutes that underpin Proposition 65 as well as the leading experts in evaluating products for chemicals to support defense of claims. Our attorneys recognize the reality that most Proposition 65 cases are resolved through negotiated settlements. Our attorneys excel in that realm as well, helping collaborate with clients on settlement terms that are bespoken to their business needs.

RELEVANT EXPERIENCE

Convinced citizen enforcer to forgo enforcement of Proposition 65 action based on procedural defects in notice of violation.

Persuaded citizen enforcer to dismiss national manufacturing and retail clients in case involving cadmium in over-the-counter antacids.

Negotiated favorable resolution and judgment involving lead in supplement manufacturer’s exercise products.

Counseling

Wolf Wallenstein’s decades of experience with Proposition 65 have seen the regulatory and enforcement landscape continually evolve along with the science of chemicals and testing. Client collaboration has allowed our attorneys to effectively counsel and advise clients on new and existing products being sold in California.

RELEVANT EXPERIENCE

Counsel and draft guidelines for railway transportation company on company-wide Proposition 65 site compliance protocols for employees exposed to Proposition 65 chemicals while on the job.

Advised food manufacturing company on acceptable levels of heavy metals present in products and warnings needed on certain products necessary to establish Proposition 65 compliance.

Collaborated with battery storage manufacturer on Proposition 65 compliance for products marketed and sold in California.

Subscribe for Updates

Privacy Policy | © 2023 All Rights Reserved.