A product that contains a relatively minute, but detectable, level of a "listed" substance may trigger the duty to warn under Prop 65, making thousands of products subject to the warning requirements. The penalty for failure to warn is a fine of up to $2,500 per day per violation, which can easily skyrocket. Companies are further plagued by the fact that over 800 chemicals currently appear on the State's list of chemicals known to cause cancer or reproductive harm.
Our Stoel Rives team of experienced Prop 65 attorneys regularly provides companies with compliance advice regarding Prop 65 and related consumer product safety regulations. In the event of litigation, our Prop 65 litigators have the experience and tenacity to see clients through to a successful conclusion. Finally, our attorneys have extensive regulatory experience and can assist companies and trade associations seeking to prevent the listing of new Prop 65 chemicals.
Proposition 65 Defense and Litigation
We help companies in a variety of industries in pre-litigation advocacy and in Prop 65 litigation. We assist clients that have received a "60-Day Notice of Intent to Sue," which is the precursor to a Prop 65 lawsuit. The 60-day notice period is critical, as litigation can often be avoided.
Stoel Rives lawyers have defended manufacturers, suppliers, distributors and retailers in Prop 65 actions involving a wide spectrum of products, including handbags, apparel, footwear, belts, personal care products, exercise equipment, sporting goods, eyewear products, hair-care items and accessories, luggage and travel goods, nutritional and dietary supplements, juice, phone accessories, steering wheel covers and automotive accessories, children's clothing and costumes, hobby and craft items, household appliances, tools, candles, pool supplies and paper clips. We have experience with a wide array of listed Prop 65 chemicals, including lead, phthalates (DBP, DEHP, BBP), cadmium, arsenic, 1,4 dioxane, formaldehyde, ethylbenzene, toluene and others.
We regularly work with experts, testing laboratories and industry scientists to analyze alleged violations of the statute and develop winning defense arguments.
Proposition 65 Compliance
We also assist companies with Prop 65 compliance and provide compliance advice pertaining to related consumer product regulations such as the Consumer Product Safety Improvement Act, the Consumer Product Safety Commission's Reasonable Testing Program, EU Reach and the Federal Insecticide, Rodenticide and Fungicide Act, among others. We provide practical advice and help companies take a proactive approach to consumer product safety.
We are also experienced in regulatory matters and help companies and trade associations monitor Prop 65 regulations and trends. We actively monitor the Prop 65 listing process, which is administered by the Office of Environmental Health Hazard Assessment. When new chemicals are considered for listing, we help navigate through that process.
For more information about how we can assist your company to manage its Prop 65 exposure, please contact us.