Insights on Prop 65 Counseling & Litigation

Proposition 65 requires that businesses with 10 or more employees provide a clear and reasonable warning to California consumers before knowingly and intentionally exposing them to any chemical on a list of more than 900 chemicals known to cause cancer or reproductive toxicity.

On October 15, 2017, California Governor Jerry Brown signed into law the “Cleaning Product Right to Know Act of 2017.”

The Federal Trade Commission has announced a proposed settlement and consent order in its investigation of a US-based water filtration company.

On August 31, 2016, California took a long-awaited step in publishing new major changes to the Proposition 65 warning regulations; the first of such amendments in more than a decade.

A recent ruling in California US District Court will severely curtail the ability of plaintiffs to bring tort actions based on exposure to chemicals listed under California’s Proposition 65 (Prop 65) as chemicals known to cause cancer or birth defects.

March 1 is fast approaching. It is the deadline for consumer and commercial product companies to complete an electronic submission to the California Air Resources Board’s (CARB) “2013 Consumer and Commercial Products Survey” (Survey).

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed regulation to revise the required warning statement for products containing chemicals listed by the state under Proposition-65 (Prop-65).

Complex Litigation partner Debra Albin-Riley and associate Lynn R. Fiorentino have developed a CLE program on Proposition 65, a broad-reaching consumer protection statute that has the potential to impact businesses that manufacture, sell, or distribute products in California.