Proposition 65, Product Registration and Controls
PROPOSITION 65
Sonnenschein attorneys have deep expertise in all aspects of litigation, administrative advocacy, and counseling relating to California’s Proposition 65 (“Prop 65”). Our Prop 65 clients include major trade associations and Fortune 500 companies that manufacture and sell a broad range of products. We have strong relationships with the public officials and state lawyers who interpret and enforce Prop 65, and we are familiar with all of the significant private plaintiffs who specialize in Prop 65 enforcement. Our lawyers have written, testified and presented numerous speeches on Prop 65 topics.
Our lawyers have handled Prop 65 litigation matters concerning consumer products, foods, pharmaceuticals, air emission issues from stationary and mobile sources, water discharge issues and disputes over agency action. We have valuable long-term relationships with many of the nation's most distinguished and experienced Prop 65 toxicologists, risk assessors, and exposure experts. In addition to litigation under Prop 65, we also have handled related class action and private-party litigation under California’s Unfair Business Practices Act and California’s Consumers Legal Remedies Act.
As active advocates for various changes to the regulations that implement Prop 65, we have successfully protected our clients’ interests long before litigation could arise. Our lawyers have obtained a variety of regulation amendments and regulatory interpretations on important, wide-reaching matters such as which bodes are considered “authoritative” under Prop 65 and the extent to the law’s special treatment for “naturally occurring” food products. Our lawyers also have represented many clients concerning whether chemicals should or should not be added to or removed from the list of chemicals regulated by Prop 65.
Prevention is often the best approach to Prop 65 compliance. In order to help our clients navigate the difficult environmental compliance issues presented in California, we work closely with clients on addressing notification issues and responding to Prop 65 intent-to-sue notices. However, all of our advice is carefully customized to meet the needs of each client. Our Prop 65 practice is both proactive, insuring that products and premises comply with Prop 65, and responsive, handling the defense of claims and notices. Whether a roofing company, property manager, restaurant, product manufacturer, supplier or retailer, we partner with our client in order to formulate a detailed and specific strategy to address the Prop 65 notice and any ensuing litigation. Because Prop 65 shifts the traditional burden of proof and because Prop 65 plaintiffs are generally entitled to recover their attorneys’ fees and costs if they prevail, we carefully evaluate any outstanding compliance issues and our client’s legal position during the 60-day notice window. To the extent a compliance issue must be addressed, we work with our client to address the issues and any litigation promptly and efficiently.
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CONTROLS ON NEW PRODUCTS, LABELING AND REGISTRATIONS
Our experience includes working with clients to determine if existing materials that they are utilizing or consider using have already been registered under the Toxic Substance Control Act, and in obtaining the necessary registration and clearances for the distribution and commerce and importation of these new chemicals [and biological materials] in the U.S. These issues often arise in a transaction or financing, as new products are being taken from research and development into test marketing and commercial distribution.
We help our clients get approval for registration and labeling of products that are approved under the Federal Insecticide, Fungicide and Rodenticide Act, as well as the Toxic Substance Control Act.
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