Wendel Rosen attorneys provide compliance counseling, claim defense and litigation representation on Proposition 65 matters for clients in the wide range of manufacturing, food and beverage, industrial, and retail businesses.
Prop 65, enacted in 1986 as the Safe Drinking Water and Toxic Enforcement Act (California Health and Safety Code Section 25249.5 et seq.), requires businesses to provide a clear and reasonable warning before exposing a person in California to a chemical listed by the state as causing cancer or reproductive harm. There are currently approximately 900 chemicals on the list, creating a minefield for retailers who have no way of knowing what chemicals are in the products on their shelves.
Manufacturers face difficult challenges when selling online, shipping to other states, or supplying distributors with unknown destinations. If their manufacturing facilities are located in California, they may have notification obligations with respect to the workplace and their own employees. And if they supply parts that are integrated into other products, what then? Wendel Rosen attorneys can help devise mechanisms to tackle these issues.
Notification and Compliance
We advise on appropriate warning language and methods, including the new regulations taking effect August 31, 2018. We counsel clients on risk allocation through indemnification agreements and other compliance strategies suitable for a particular product line and marketplace engagement. We can provide guidance on statutory exemptions and risk assessments.
Finally, if the lawsuit comes, we can counsel clients on their defenses and best strategies through litigation or a negotiated settlement. We have handled numerous claims, working with clients to investigate product concerns, assess their legal liability, undertake risk assessments to evaluate the need for warnings, address alleged violations, and resolve threatened or live litigation and settle claims from other parties in the supply chain.
Ninth Circuit Offers Food Producers Relief from Prop 65 Acrylamide Lawsuits
03/25/2022 | Wendy Manley
The Ninth Circuit has reinstated an injunction on Proposition 65 claims against food products containing acrylamide, bringing a large number of food producers at least temporary relief from costly litigation. Proposition…Full Article
Proposition 65 – Continuing Challenges for Food Industry
01/14/2019 | Client Update
Many in the food industry are still unaware that in addition to following extensive federal labeling laws, they must also be attentive to a unique California public disclosure law known…Full Article
WARNING: New Prop 65 Regs Contain Requirements Known to Cause Consternation and Risk for CA Businesses
08/20/2018 | Client Update
On August 30, 2018, new “Clear and Reasonable Warning” regulations take effect in California. The ubiquitous signs and labels advising of the presence of chemicals that cause cancer or reproductive…Full Article
|12/21/2016||Publication||Wendy L. Manley||OEHHA Adopts Revised Temporary Regulations for BPA Warnings in Food & Beverage Packaging|
|04/21/2016||Publication||Wendy L. Manley||Turmoil for Food Brands: New Prop 65 Warning Requirement for BPA in Packaging|
Warning! You’ve Been Exposed to New Prop 65 Requirements!
Wendel Rosen attorney Wendy Manley co-authored the article, “Warning! You’ve Been Exposed to New Prop 65 Requirements!” which published on February 6, 2019, in the ACBA. To read more, please…Full Article
Ruling on Acrylamide Brings Breakfast Back to the Table – First Coffee, Now Cereal
08/21/2018 | Wendy Manley
In this Foodlaw.com post from August 21, 2018, environmental and prop 65 attorney Wendy Manley breaks down recent cases covering warning requirements related to acrylamide in breakfast cereals and coffee….Full Article
Proposition 65 – Effects on Coffee Producers
06/19/2018 | Food Safety Magazine
On June 19, 2018, Wendy Manley's article "Proposition 65: Effects on Coffee Producers" ran in Food Safety Magazine. Sending shock waves through the coffee industry, a recent court decision…Full Article