California’s Proposition 65 requires businesses and certain real property owners to warn consumers and patrons about exposure to any chemical on a long – and growing – list of chemicals determined by the State of California to cause cancer, birth defects, or other reproductive harm. Allen Matkins attorneys work on the leading edge of Proposition 65 cases involving consumer, occupational, and environmental exposures. We stay attuned to the evolving case law and regulations to help our clients stay in compliance and defend against claims of violation.
When it comes to defending against actual and threatened claims under Proposition 65, our team is highly experienced and effective in aggressively advocating on behalf of clients in court, with the California Attorney General, and before the California Office of Environmental Health Hazard Assessment. In enforcement cases brought by private parties, we act quickly to evaluate notices of violation and seek their rescission. We have worked on not only the more common cases involving allegations of exposure to lead and phthalates, but also complex litigation involving technical experts countering claims of formaldehyde inhalation exposure and beating back acrylamide exposure allegations by deploying the "naturally occurring" defense.
ENFORCEMENT DEFENSE
Private enforcement of Proposition 65 by citizens or non-profit organizations remains the primary manner in which most businesses encounter claims. Proposition 65 provides a very low threshold for filing complaints against businesses, after which the burden of proof shifts to the business to prove its lack of liability. Our firm’s thorough understanding of the complexities related to Proposition 65—whether in understanding the scientific drivers of chemical exposure, or the decades of applicable and evolving case law—bolsters our extensive enforcement defense work. This includes challenging regulations and representing clients in complex litigation involving natural and synthetic chemicals included as a part of the Proposition 65 list.
Compliance Counseling
Allen Matkins works with clients to ensure every element of their supply chain complies with regulations. Our team often helps clients to create indemnity agreements to combat potential claims related to Proposition 65, and to develop successful compliance strategies to significantly limit risk and potential liability. Compliance with Proposition 65 regulations can be especially difficult for global manufacturers of consumer products, posing particular challenges for the wide variety of businesses that can be sued because of their position in the supply chain.
Advocacy for Changes in Proposition 65
Allen Matkins attorneys have been at the forefront of advocacy efforts related to Proposition 65. Our team has worked with staff at the Office of Environmental Health Hazard Assessment (OEHHA) and is in consistent contact with the key Proposition 65 attorneys at the California Attorney General's Office. We take action as necessary on listing decisions that affect our clients, including following and participating in relevant regulatory proceedings.
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