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Proposition 65

Wolf Wallenstein's Proposition 65 practice has over a decade of experience defending clients in litigation and counseling them on compliance and litigation-avoidance. Wolf Wallenstein's attorneys have litigated dozens of matters on behalf of individual clients as well as running point on defense coalition representation. Wolf Wallenstein’s Proposition 65 clients are located around the world and range from small, closely-held businesses to multi-national corporations.

Wolf Wallenstein's attorneys have decades of experience helping defend and counsel Proposition 65 clients in the sectors of aerospace, apparel, auto parts and supplies, consumer products, cosmetics and personal care products, electronics, food manufacturing and distribution, jewelry and watches, outdoor park equipment, plumbing products, property management and sporting goods.

Litigation

Wolf Wallenstein’s Proposition 65 litigation experience focuses on defense. The strength of that defense usually turns on the amount of chemicals in a product. WW’s attorneys understand the intricacies of the regulations and statutes that underpin Proposition 65 as well as the leading experts in evaluating products for chemicals to support defense of claims. Our attorneys recognize the reality that most Proposition 65 cases are resolved through negotiated settlements. Our attorneys excel in that realm as well, helping collaborate with clients on settlement terms that are bespoken to their business needs.

Relevant Experience: 

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  • Convinced citizen enforcer to forgo enforcement of Proposition 65 action based on procedural defects in notice of violation.

  • Persuaded citizen enforcer to dismiss national manufacturing and retail clients in case involving cadmium in over-the-counter antacids.

  • Negotiated favorable resolution and judgment involving lead in supplement manufacturer’s exercise products.

Counseling

Wolf Wallenstein’s decades of experience with Proposition 65 have seen the regulatory and enforcement landscape continually evolve along with the science of chemicals and testing. Client collaboration has allowed our attorneys to effectively counsel and advise clients on new and existing products being sold in California.

Relevant Experience: 

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  • Counsel and draft guidelines for railway transportation company on company-wide Proposition 65 site compliance protocols for employees exposed to Proposition 65 chemicals while on the job.

  • Advised food manufacturing company on acceptable levels of heavy metals present in products and warnings needed on certain products necessary to establish Proposition 65 compliance.

  • Collaborated with battery storage manufacturer on Proposition 65 compliance for products marketed and sold in California.

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