Proposition 65 Counseling and Defense

Farella's Environmental Law department has extensive experience assisting clients with compliance and litigation under federal and state consumer protection laws, including California's Proposition 65.  We draw on our considerable resources, including our experience as seasoned federal and state court trial attorneys, our work with clients on product stewardship, regulatory compliance and liability issues, and our experience with technical, scientific and toxicological evidence and consultants.  Farella's Proposition 65 expertise is proven by the regular requests for attorneys to author articles and frequently speak at conferences on issues relating to Proposition 65.  In 2007, The American Apparel and Footwear Association and the Hosiery Association chose Farella as their product advisory counsel.  In this relationship, we assist the membership of both associations with Proposition 65 and other product laws.

Clients rely on us for informed, creative, business-oriented strategies to protect their interests and accomplish their objectives.  We have successfully opposed plaintiff organizations and law firms that have made Proposition 65 their business model and seek to impose product reformulation requirements and extract "bounty hunter" fees.

Collectively, Farella's attorneys' have experience with consumer, occupational and environmental exposure and discharge claims and compliance issues under Proposition 65, among other state and federal environmental, health and product safety statutes.  We have represented clients from all sectors of the economy, including manufacturers, distributors, retailers, trade associations, refiners, restaurants, food and beverage suppliers, building owners, developers, employers and other companies doing business in California.

Our Proposition 65 experience goes beyond the negotiating table into the courtroom when litigation is necessary, including litigating Proposition 65 matters against the California Attorney Generals office.  Our experience is specific; key to successful defense is quickly determining actions and reactions to address the individualized risk associated with the product.  Risks are both financial to the bottom line and public relations, which can irreparably taint a product or corporate brand in the minds of the consumer.  A win in court may not be a win in the court of public opinion.  Understanding risks requires early case assessment, pushing for settlement and ensuring confidentiality as much as possible.