Prop 65 Counseling & Litigation

Arent Fox offers a highly seasoned team of attorneys skilled in the complexities and nuances of Prop 65 and product-related counseling and litigation.

We provide counsel to companies facing a mandatory recall, consumer protection class action, or multi-jurisdictional litigation over allegations of product defects. That includes representing manufacturers, suppliers, and distributors in a variety of industries in courts across the United States and before regulatory agencies.

Our Team

Our attorneys work closely with domestic and international clients to counsel, strategize, and manage their product portfolios to ensure they have the proper internal procedures in place to minimize risks associated with the sale of products in the US market. As part of our service, we work collaboratively across our Food & Drug, Automotive, Environmental, and Consumer Product Safety practices to provide integrated solutions.

Our Work

Attorneys in the group advise clients on the scientific and technical aspects of consumer product safety, including California Proposition 65 suits, potential recalls, and ingredient or component toxicity. We regularly counsel and defend clients in Proposition 65 cases against claims of alleged failure to warn California consumers that they are being exposed to products containing chemicals alleged by the State of California to cause cancer and/or reproductive harm.

Proposition 65 cases may arise as enforcement actions by state authorities but, more frequently, are initiated by plaintiffs’ law firms. Proposition 65 cases raise a number of public and private liability issues, as well as civil and criminal law concerns. We have significant experience in managing these matters and handle other types of toxic tort litigation throughout the country.

What We Do

  • Counsel manufacturers/sellers of various consumer products regarding product recall, warning label, and litigation planning issues.
  • Monitor activity of the California Office of Environmental Health Hazard Assessment in adding substances used in consumer products to its list of chemicals known to the State of California to cause cancer or reproductive toxicity.
  • Advise clients of new labeling or reformulation requirements from OEHHA.
  • Defend manufacturers and retailers in California Proposition 65 lawsuits involving alleged exposure to a number of chemicals.
  • Defend manufacturers against allegations of toxic exposure due to the presence of mold or asbestos.
  • Defend food manufacturers against claimed violation of the California Legal Remedies Act for false and misleading product labeling.
  • Represent consumer products companies, drug and vaccine manufacturers, and medical device manufacturers and suppliers in disputes with federal and state governments and private attorneys general against allegations of fraud and improper pricing and advertising.

Key Contacts