Proposition 65

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.