Proposition 65

We have a robust Proposition ("Prop") 65 practice. Most of our attorneys are active with Prop 65 matters and we are represented on the Advisory Board for Proposition 65 Clearinghouse News. 

 

We help businesses comply with Proposition 65 and resolve enforcement actions. We represent a wide range of industries, including the food industry, consumer products, wholesale and retail, construction, real estate, hospitality, manufacturing, and transportation.

We have special expertise with Prop 65 as it applies to residential rentals, commercial property, and vapor intrusion. We have counseled several of California's largest property owners about Prop 65 compliance for environmental exposures -- and we served as special Prop 65 counsel for one of the state's most significant multi-property vapor intrusion sites.

Click here for EGC Partner Josh Bloom's analysis of the recent trial court decision ruling the First Amendment bars California from requiring a Prop 65 warning for glyphosate. 

DEVELOPMENTS 

New safe harbor warnings went into effect on August 30, 2018, which required businesses to identify a specific Prop 65 chemical and the source of the exposure in the warning. Due to confusion about which party in the chain of command is responsible for compliance, OEHHA is proposing to amend the regulations to clarify responsibilities between retailer, supplier, and intermediary.  

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