Experienced Bay Area Lawyers Defend You Against Proposition 65 Violations
Proposition 65 (“Prop 65”) (also known as Safe Drinking Water and Toxics Enforcement Act of 1986) requires businesses to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical. This warning can be provided by a variety of means, such as by labeling a consumer product, posting for online sales, and posting signs at a public place. Once a chemical is listed, businesses have 12 months to comply with warning requirements.
We Can Help Your Business
With 20 years of experience handling Prop 65 cases, attorneys at Bowles & Verna LLP have counseled and successfully defended all different types of businesses across the globe (from manufacturers, to distributors, to importers, to retailers) based in the U.S., Asia, and Europe against alleged Prop 65 violations across all different industries, such as, hand tools, food (rice, snacks, fish, seaweed), furniture, appliances, lighting products, medical supplies, restaurants, gas stations, etc.
Bowles & Verna LLP has handled different types of chemical claims including lead, cadmium, DEHP, BPS, and mercury, etc. We work closely with testing labs to engage in product analysis that is used to effectively refute claims and lead to early resolution. Effective testing can be an important tool to attack alleged violations. Prop 65 attorneys at Bowles & Verna LLP know the most updated law and amendments and case law and utilize all potential defenses to develop effective legal strategies to minimize the economic impact for our clients.
Consult with one of our Proposition 65 attorneys regarding strategic defenses that may apply in your case, such as:
- Defects in Notice of Violation
- Exemptions
- Situations where there is no duty to warn
- Use of specified methods of detection and analysis
- The alleged violation did not occur within a time frame as specified in the law
- Applicability of safe harbor levels