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.

Retail Minefields

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.

Manufacturing Measures

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.

Defending Claims

Finally, if the lawsuit comes, we can counsel clients on their defenses and best strategies through litigation or a negotiated settlement. Weƒ 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.

Publications

Proposition 65 – Continuing Challenges for Food Industry

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…

More
WARNING: New Prop 65 Regs Contain Requirements Known to Cause Consternation and Risk for CA Businesses

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…

More
OEHHA Adopts Revised Temporary Regulations for BPA Warnings in Food & Beverage Packaging

OEHHA Adopts Revised Temporary Regulations for BPA Warnings in Food & Beverage Packaging

12/21/2016 | Wendy L. Manley

The Office of Environmental Health Hazard Assessment (OEHHA) recently adopted revised regulations providing safe harbor warnings for food and beverage product packaging containing BPA. These new regulations, which take effect…

More
Date Category Publication Title
04/21/2016 Publication Wendy L. Manley Turmoil for Food Brands: New Prop 65 Warning Requirement for BPA in Packaging

News

Warning! You’ve Been Exposed to New Prop 65 Requirements!

Warning! You’ve Been Exposed to New Prop 65 Requirements!

02/06/2019

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…

More
Ruling on Acrylamide Brings Breakfast Back to the Table – First Coffee, Now Cereal

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….

More
Proposition 65 – Effects on Coffee Producers

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…

More