Our Proposition ("Prop") 65 practice focuses on Prop 65 compliance and product stewardship programs.  As investors increasingly look at corporate responsibility initiatives and companies focus more on data supply chain management, companies looking to initiate or upgrade their product stewardship programs or respond to customer inquiries may want to consider a Prop 65 compliance program. 

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For companies that elect to implement a compliance program -- whether for product stewardship purposes or to avoid or defend a Notice of Violation -- EGC can provide counsel on how to plan, implement, and manage a Prop 65 compliance program.  EGC works in collaboration with experienced Prop 65 environmental consultants to help plan programs strategically -- armed with information about the enforcement and regulatory landscape.

 

We also defend Prop 65 claims. We handled the landmark case of EHA v. Sream, Inc., 83 Cal. App. 5th 721 (2022), limiting the scope of Prop 65 to direct exposures. The court affirmed Prop 65's remedial purpose -- to provide meaningful warnings to consumers -- and held that direct exposures from consumer products further this remedial purpose whereas warnings on products that do not contain or emanate a Prop 65 chemical and are not used exclusively for a purpose that results in an exposure may only serve to confuse consumers.   

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We collaborate with some of the best professionals in the field.  We work with well-known Prop 65 consulting firms and we have a team of experienced attorneys to assist with our compliance and defense work. 

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