California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as “Prop 65,” requires warnings for products that expose consumers to anything on the state’s lists of substances that cause cancer or reproductive harm. Failure to have a warning when required can expose companies to legal actions from both the state and private attorneys. Typically due to trace amounts of heavy metals, food, beverage, dietary supplement and cosmetic products are increasingly targets of such legal actions.
We have broad experience helping companies of all sizes establish and execute effective Prop 65 compliance programs. With in-depth knowledge of testing methodologies and exposure analyses, we are able to analyze and evaluate a wide range of chemicals and products to determine if warnings are required. If required, we advise on the least onerous language and placement of warnings.
When Notices of Violation are received, that experience and knowledge contribute to our proven track record of successfully resolving Prop 65 disputes. In instances where pre-litigation resolution is not possible, our highly experienced, California-based litigation team vigorously and efficiently defends our clients’ interests.