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.

Firm Highlights

News

JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'

Intellectual property practice chair Eugene Mar provided expert commentary to American Banker for the article "JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'." In the article, he said: "By filing this as a trade...

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News

Burdened by Debt, Savvy SF Office Owners Get Creative

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The San Francisco Standard article, "Burdened by Debt, Savvy SF Office Owners Get Creative." In the article, Gary explained that in most cases...

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Publication

California Regulation of Charitable Fundraising Platforms: Part I - Definitions

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In episode 76, I introduce the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9). These rules are relevant to all...

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Publication

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content...

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Publication

New PFAS Federal Drinking Water Standards Create Major Liability and Litigation Risk

The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are incredibly stringent due to EPA’s stated concerns...

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Event

Unplugged: The Renewable Energy Speaker Series - The IRA's Environmental Justice Incentive Programs

Join Farella Braun + Martel and the Environmental Law Institute for the relaunch Unplugged: The Renewable Energy Speaker Series with Farella’s John Ugai and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with...

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Publication

Where Are We Now, Following Maui County, Sackett, and the Latest EPA Guidance?

The last few years have seen significant developments in our understanding of the reach of the federal Clean Water Act (CWA). (Indeed, “reach” here can be interpreted literally and figuratively.) The two issues plaguing...

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News

Farella Awards 2024 Diversity Scholarships to Bay Area Law Students

Farella Braun + Martel’s Diversity, Equity, Inclusion + Belonging Committee is pleased to announce the recipients of our 2024 Diversity Scholarship grants totaling $45,000 to Bay Area first-year law students Marcus Albino, Saamia Haqiq...

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Publication

Court Reinstates CPPA Enforcement Authority and Confirms No Delay Necessary for Enforcement of Future CCPA Regulations

A recent appellate decision has made clear that the regulations promulgated under California’s groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA, as amended by the California Privacy Rights Act (CPRA)), are ripe...

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News

Farella Braun + Martel Earns San Francisco Green Business Recertification

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