California’s Proposition 65, officially referred to as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses with 10 or more employees to provide a “clear and reasonable” warning before “knowingly and intentionally” exposing individuals in California to any Proposition 65 listed chemical either through an environmental exposure, occupational exposure, or consumer product exposure.
Proposition 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. This list was first published in 1987 and must be updated at least once a year. It now includes over 900 chemicals. Given the significant number of listed chemicals and how common they are, Proposition 65 violations are quite common. Steep penalties of $2,500 per day for each violation can be imposed against businesses for each non-compliant product sold.
Our attorneys assist manufacturers, distributors, and retailers on all aspects of Proposition 65 including emerging requirements, compliance counseling, and enforcement defense and settlement. We have represented clients that range from Fortune 500 companies to small, family-owned businesses and trade organizations. We have a breadth of experience representing businesses in connection with Proposition 65.
Our Proposition 65 practice includes:
- Compliance counseling, including under the “Clear and Reasonable Warnings” provision of Proposition 65, representing all sectors of business from food and beverage, health and beauty, apparel, jewelry, home goods, consumer goods, automotive parts, and building supplies;
- Counseling regarding responding to a Notice of Intent to Sue;
- Pre-litigation settlement efforts and strategy;
- Proposition 65 litigation;
- Proposition 65 settlements (both in and out of court) of enforcement actions brought against manufactures, distributers, and retailers;
- Insurance coverage assessments; and
- Supplier/manufacturer agreements.