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Proposition 65 + Chemicals

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Our lawyers were Proposition 65 authorities even before its beginning. Michèle Corash, former general counsel of the U.S. Environmental Protection Agency, authored the principal ballot argument against the Prop 65 initiative in 1986. Our lawyers have served as the business community's preeminent voice in Prop 65 litigation, settlements, listings and reform efforts ever since. No other defense group knows Prop 65 better. No one is more experienced, and no one has delivered better results.

Our lawyers have won every Prop 65 case they've ever litigated to judgment, including some of the biggest and most significant Prop 65 cases to come before the California courts:

  • Dowhal v. SmithKline: a California Supreme Court case holding that federal law can preempt Prop 65—the first and only Supreme Court Prop 65 decision favoring a defendant.
     
  • American Meat Institute v. Leeman: a California appeals court case holding that Prop 65 regulations were preempted by federal law.
     
  • Environmental World Watch v. Cummins Engine Co.: the first defense verdict achieved after trial in a Prop 65 case.

Even with this track record of courtroom success, our lawyers take pride in knowing when and how trial can be avoided. We lead the way in negotiating creative and cost-effective settlements for our clients. We negotiated the first major Prop 65 settlement and have authored several creative settlement structures, including opt-in and group settlement programs, future notice and cure provisions, and far-reaching downstream-liability releases that allow our clients to take care of their indemnity obligations and customers at no additional cost.

Our clients range from small businesses to multicorporation joint defense groups. They come to us from a wide range of industries, including food and beverage, automotive, plumbing and hardware, apparel, electronics and household appliances, and cosmetics and other personal care products. In addition to manufacturers and distributors, we also represent retailers, grocers and food-service operators.

What stays the same is our commitment to securing favorable results for our clients and our deep knowledge of all things Prop 65. We know the major players, including a recurring cast of Prop 65 plaintiffs' attorneys such as the Center for Environmental Health, the Consumer Advocacy Group, the Environmental Law Foundation, Baron & Budd, Cliff Chanler, Reuben Yeroushalmi, Raphael Metzger and Tony Graham. We also know the active roster of Prop 65 chemicals, including currently "hot" ones like acrylamide, lead, cadmium, diesel/gas, DEHP, TiO2, SO2, 4-MEI and BPA.

Our knowledge and experience are unmatched. If you have a Prop 65-related matter, there is no firm better suited to assist you.

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