Prop 65 Defense Attorneys

We Defend Companies Nationwide that Are Facing Lawsuits and Enforcement Actions Under California’s Proposition 65

James BellBusiness Litigation for
Shareholder and Equity Owner
Rights Team Lead

California’s Proposition 65 (Prop 65) serves as a significant source of liability risk for a wide range of businesses. Along with enforcement actions involving the California Attorney General, private civil litigation under Prop 65 poses substantial risks as well. Companies nationwide can face Prop 65 litigation involving a host of alleged compliance issues, and defending against alleged compliance violations can present various challenges depending on the circumstances at hand.

Experienced Defense Counsel for Toxic Tort Litigation and Other Matters Under Prop 65

We provide strategic defense representation for companies that are facing litigation and enforcement actions under California’s Prop 65 (formally known as the Safe Drinking Water and Toxic Enforcement Act). From children’s products and sporting goods to cosmetics and dietary supplements, and from cleaning products to hand tools and power tools, we are available to represent manufacturers of all types of consumer products covered under Prop 65. We are also available to represent distributors, retailers, and other companies in the supply chain, as well as companies that are facing litigation related to the law’s safe drinking water provisions.

Due to the substantial risks involved in Prop 65 cases, an informed, comprehensive, and strategic defense is key. Led by trial attorney James Bell, our team has the capabilities required to protect companies’ interests regardless of the circumstances at hand. While we target favorable settlements when warranted, we make sure our clients understand all of their legal options, and we are fully prepared to litigate our clients’ cases through trial when necessary. We have a long track record of successfully defending clients in high-stakes litigation, and we are fully confident in our ability to protect our clients’ interests regardless of what it takes to do so.

California Proposition 65 Litigation

Our law firm provides defense representation for manufacturers, suppliers, and other companies facing California Proposition 65 litigation. We handle cases involving all of the compliance obligations established by Prop 65 and the regulations promulgated thereunder, and we represent companies in all industries. Representative examples of the types of cases our defense lawyers are available to handle include those involving:

Consumer goods containing er- and polyfluoroalkyl substances (PFAS) and other listed chemicals
Damage to natural resources
Exposure to reproductive toxins and reproductive toxicants
Workplace exposures
Third-party claims under indemnity agreements

Along with the Prop 65 “warning” requirement, the Safe Drinking Water and Toxic Enforcement Act establishes numerous other compliance requirements for manufacturing facilities, food production facilities, and other businesses. We counsel clients on all aspects of statutory and regulatory compliance under Prop 65, and we defend clients that are facing all types of statutory and regulatory claims.

California Proposition 65 Enforcement Actions

Along with defending clients in civil litigation under Proposition 65, we also defend clients that are facing enforcement actions. This includes enforcement actions involving the California Attorney General and the California Office of Environmental Health Hazard Assessment (OEHHA). Companies that are facing enforcement actions under Prop 65 may have a variety of defenses available. But, from disputing Prop 65’s applicability to certain chemicals to asserting a statutory safe harbor, asserting the right defense requires a clear and comprehensive understanding of all pertinent factual and legal issues.

With our lawyers’ extensive knowledge of Proposition 65 and its regulations, we are capable of developing comprehensive and custom-tailored defense strategies that focus on the relevant circumstances of each individual case. When we advise clients that are facing enforcement actions, we help them evaluate all potential defense strategies, and then we focus our defense services on securing a favorable resolution as efficiently, cost-effectively, and quietly as possible.

Our California Litigation Defense Practice: Representative Matters

Within our California litigation defense practice, we represent companies across the country that are facing liability not only under Proposition 65, but under other California environmental laws and consumer protection laws as well. Representative matters we handle for both in-state and out-of-state companies include:

California Automatic Renewal Law (CAR) litigation
California Consumer Privacy Act (CCPA) litigation
California Invasion of Privacy Act (CIPA) litigation
California Privacy Rights Act (CPRA) litigation
California Private Attorneys General Act (PAGA) litigation
Class action litigation
Proposition 65 litigation

As a litigation defense law firm, our practice is devoted to protecting our clients’ interests when they are facing allegations from private plaintiffs, government authorities, and other parties. We also provide compliance representation; and, if your company is not in compliance with Prop 65, we can assist your company with coming into compliance to mitigate its litigation risk going forward.

In litigation, we target pre-trial resolutions (including summary judgment) whenever possible. However, as noted above, we are a team of highly skilled trial attorneys who are not hesitant to force plaintiffs’ firms and government authorities to prove their allegations at trial when warranted. In many (but not all) cases, this approach can help facilitate favorable settlement negotiations—and, if it is in your company’s best interests to settle under the circumstances at hand, we will target a settlement that minimizes your company’s liability to the fullest extent possible.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

From Los Angeles to San Francisco, We Handle California Prop 65 Litigation Statewide

From Los Angeles to San Francisco, our law firm handles California Proposition 65 litigation statewide. We represent both in-state and out-of-state companies, and we handle cases involving products manufactured throughout the United States and around the world. Crucially, reliance on a third party generally is not a defense to liability under Prop 65; and, as a result, companies that rely on third parties to manufacture or market their products can still face liability even if they are not directly responsible for a statutory or regulatory violation.

Regardless of where your company is facing Prop 65 litigation, and regardless of the issues involved, our defense team will:

Conduct a comprehensive risk assessment
Develop a tailored defense strategy
Proactively target a favorable pre-trial resolution (i.e., settlement or dismissal)
Prepare to litigate the case at trial if warranted
Provide advice regarding ongoing Prop 65 compliance and risk management

If you would like to know more about how we can help, we invite you to get in touch. Once you do, we will arrange for you to speak with one of our senior California litigation defense attorneys in strict confidence as soon as possible.

FAQs: Defending Against Allegations of Noncompliance with California’s Proposition 65

What is California Proposition 65?

California Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act, is a state law that is intended to protect residents of the state from exposure to toxic chemicals, specifically in consumer goods, foods, and drinking water. Chemicals placed on the “Proposition 65 list” by the Office of Environmental Health Hazard Assessment (OEHHA), which is part of the California Environmental Protection Agency (EPA), are subject to disclosure requirements (and other restrictions in some cases). While “Prop 65” is a consumer protection statute, it also poses substantial liability risks for companies, and plaintiffs’ firms routinely use Prop 65 claims to pursue substantial settlements and verdicts.

Are trade groups currently challenging California’s Prop 65?

Trade groups have been challenging California’s Prop 65 since its enactment. However, at the time of writing, Prop 65 remains in full force and effect—and this means that it continues to present both substantial compliance burdens and substantial liability risks for companies that are subject to the law.

What are the consequences of noncompliance with California’s Prop 65?

Companies that fail to comply with Prop 65 can face civil monetary penalties, as well as mandatory recalls and other administrative penalties. Noncompliance can lead to civil lawsuits as well. These are commonly referred to as “bounty hunter” lawsuits, because they are frequently pursued by aggressive plaintiffs’ firms that recruit clients with the hope of securing a substantial settlement or verdict.

What should I do if my company is facing a Prop 65 lawsuit?

If your company is facing a Prop 65 lawsuit, you should engage experienced defense counsel right away. This is a high-risk scenario, and your company will need to execute an informed and comprehensive defense strategy to avoid unnecessary liability. In this scenario, it will also be important to promptly conduct a comprehensive Prop 65 compliance assessment. Our lawyers can assist with this as well.

How often are Prop 65 lawsuits successful?

It is difficult to say how often Prop 65 lawsuits are successful because most successful lawsuits end with confidential out-of-court settlements. With that said, there is a reason why plaintiffs’ firms use Prop 65 as one of their primary tools for pursuing litigation in California. If your company is facing a Prop 65 lawsuit, you need to be very careful; and, again, we strongly recommend engaging experienced defense counsel promptly.

Schedule a Free and Confidential Consultation with a California Prop 65 Defense Attorney at Oberheiden P.C.

If you need to speak with an experienced California Prop 65 defense attorney, we encourage you to contact us for a free and confidential consultation. To speak with a senior attorney at Oberheiden P.C. as soon as possible, call 888-680-1745 or contact us online now.