California's Proposition 65
Overview
Sidley’s Proposition 65 practice has focused on practical, workable solutions for companies regarding enforcement, compliance, and litigation since this law’s enactment. We counsel clients on compliance with Proposition 65’s warning obligations and defend recipients of 60-day notice letters. We also assist purchasers in identifying and evaluating Proposition 65 liabilities and risks during due diligence and in creating post-acquisition compliance programs.
We recently received favorable rulings in two matters before the California Courts of Appeal; these are significant because reported judicial decisions on Proposition 65 cases are relatively rare. As Proposition 65 is always evolving, we advise clients on the current listing process, monitor chemicals of concern and update our clients on new consent judgments and other developments of potential concern.
Compliance and Counseling
We have advised a wide variety of businesses on whether warning duties were triggered by use of their consumer products. Representative types of consumer products include:
- Dairy foods, chocolate and other food products;
- Vitamins, herbal and botanical extracts, and other dietary supplements, various drinks and meal replacement products;
- Glassware, cookware, beverage dispensers, cappuccino makers and other heating vessels;
- Textiles, jewelry, accessories, novelties and toys;
- Cosmetics and a wide variety of personal care products (e.g., shampoo, sunscreen, lotions).
We have counseled companies on worker disclosures under Cal-OSHA and assisted clients in reducing solvent usage so as to eliminate any employee warning requirements.
We also have advised clients as to whether warning duties apply to exposures in residential or commercial buildings that they own or occupy.
Proposition 65 Issues in Litigation
We have represented clients in many cases, including those involving the following types of products or exposures:
- Jewelry, handbags and hair accessories;
- Dietary and herbal supplements and vitamins, including fish oils and “red yeast rice”;
- Androstinedione products (alleged to expose users to testosterone)
- Chocolate, bottled water, meal supplement or meal replacement bars or drinks or powders, alcoholic beverages and over-the counter cough remedies;
- Glassware, cookware, serving vessels;
- Aluminum components manufacturing;
- Diesel engine exhaust from stationary or mobile sources;
- Ethylene oxide emissions from stationary sources;
- Electrical cords, candles, picture frames, and other consumer products;
- Representing one of the world’s largest shipping companies, and the largest marine terminal operator in North America, in resolving a Proposition 65 case respecting alleged diesel engine exhaust emissions; and
- Other Proposition 65 “area warning” matters have involved alleged emissions of ethylene oxide and benzene.
Sidley Updates