California Proposition 65 (“Prop 65”)

Overview

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.

Key Contacts

Related Services

Experience

Represented generic manufacturer of ranitidine in complex mass litigation involving claims of NDMA exposure against brand and generic manufacturers. Obtained dismissal of all claims with prejudice on demurrer on basis of preemption and impossibility.
Successfully settled claims made against an online sales platform relating to a variety of products, including fishing products alleged to contain lead.
Successfully settled claims made against manufacturer and retailer of boxing glove case for alleged DEHP exposure.
Successfully obtained dismissal of claims made against manufacturer and supplier of ear plugs by demonstrating safe harbor limits and exceptions to Prop 65 requirements.
Successfully settled claims made against manufacturer and retailer of fishing net products for alleged DEHP exposure.
Represented retailer and suppliers against cadmium content claims for costume jewelry; successfully obtained voluntary withdrawal of claims against supplier.
Successfully negotiated settlement of claims alleging acrylamide content in frozen organic roasted red potatoes. Due to the novel nature of the injunctive relief provision, the attorney general intervened, seeking evidence that revised cooking instructions really did confer a public benefit / lessen exposure.
Successfully negotiated a favorable settlement resolving DEHP claims made against curtain and backpack manufacturers.
Successfully obtained withdrawal of 60-Day Notice filed against national retailer of home furnishings and products.
Successfully obtained withdrawal of 60-Day Notice against national retailer of clothing and home goods merchandise.
Successfully settled DEHP claims made against retailer and supplier of ear bud products and obtained favorable consent judgment.
Obtained favorable consent judgment following deposition of plaintiff that brought allegations of lead content exceeding safe harbor levels in lipstick sold at national cosmetics retailer.