Proposition 65

Since Proposition 65’s inception, the firm has advocated on behalf of myriad industry clients in policy and public comment proceedings before the California Office of Environmental Health Hazard Assessment (OEHHA), the Department of Pesticide Regulation (DPR), and the Department of Toxic Substances Control (DTSC); solicited advice from the California Governor’s and Attorney General's Offices concerning statutory interpretation and enforcement issues; delivered timely and impactful seminars and webinars to multiple trade associations and their members concerning updated legal requirements; and defended scores of companies confronting 60-Day Notices and civil lawsuits alleging Proposition 65 violations. 

In assisting our clients to address and satisfy the legal, regulatory, and technical demands surrounding Proposition 65, and to protect themselves from potential liability arising from purported chemical exposures from the use of their products in the consumer, occupational, and environmental arenas, we provide sophisticated training sessions, and prepare individual company guidance and compliance procedures, indemnity and hold harmless agreements, and upstream and downstream customer communications.

Through the breadth and depth of our collective experience, we know well and interact routinely with the principal public and private plaintiff Proposition 65 enforcers and their attorneys. This experience gives us unrivaled insight into how to best handle all of the regulatory, policy and litigation challenges this law visits upon virtually any company doing business in the Golden State.

Reference Materials:

• Statute
• Regulations
  • Chemical List
• Final Statement of Reasons (Articles 1 through 9)
  • Sections 25600–25607 (new warning regulations)
  • Supplement to FSOR (new warning regulations)
• Maxiumum Allowable Dose Level (MADLs) – reproductive toxicant
• No Significant Risk Levels (NSRLs) - cancer
• Safe Use Determinations
• Cases
• Office of Environmental Health Hazard Assessment (OEHHA)
• California Office of Attorney General (Proposition 65)
  • Private Enforcement Regulations
  • Settlements by the State
  • Guidance Letters