Blank Rome’s dedicated Proposition 65 (“Prop 65”) team is well-known across California, having handled dozens of Prop 65 cases throughout the state. Our attorneys help businesses across a multitude of industries navigate the significant reach and regulatory complexities of California’s Prop 65.
With decades of experience, we help our national clients proactively minimize the risk of Notices of Violation and resulting private lawsuits with minimal impact to their corporate brand and reputation. Our team partners with clients to manage Prop 65 claims and establish comprehensive compliance programs to avoid them. We also monitor Prop 65 amendments and advise clients about how and when to take action.
How We Can Help
- Advise on labeling requirements applicable to hazardous substances in consumer products that are sold online and in brick-and-mortar retail stores.
- Identify potential consumer, employee, and environmental exposures to carcinogens and mutagens.
- Internal compliance assessments that preemptively identify potential Prop 65 targets and evaluate their consumer exposure risks.
- Develop warning strategies, safe-use determinations, and supplier certifications.
- Respond to and favorably settle Notices of Violation under Prop 65.
- Defense of claims against companies, large and small, in various industry sectors, including pharmaceutical companies, online sales platforms, cosmetics manufacturers, clothing and consumer goods retailers and suppliers, food production companies, manufacturers of sporting goods and equipment, and household product manufacturers.
What Sets Us Apart
- Blank Rome’s Prop 65 team uses creative preventative strategies for identifying potential Prop 65 targets and evaluating their consumer exposure risks. Given the approximately 900 chemicals on the Prop 65 list, we have developed approaches and strategies for analyzing risk with and without internal testing.
- Our Prop 65 team focuses on early resolution of claims and obtaining leverage to secure favorable settlements.
- Based on our ample experience with repeat filers, we know which plaintiffs’ attorneys are serious players in the Prop 65 space, and we are familiar with the tactics and strategies of these firms. Our attorneys also know which firms seek quick settlements and rely on questionable interpretations of the law or unreliable lab testing.
- Blank Rome’s Prop 65 attorneys have authored articles on Prop 65 matters in top national and California legal publications.
