Peg Carew Toledo has developed two areas of focus over more than 20 years of law practice.

Proposition 65. Ms. Toledo defends and counsels companies dealing with issues arising from California's Proposition 65. Ms. Toledo has provided Proposition 65 compliance advice and litigation defense to numerous Fortune 500 companies. She has also litigated Proposition 65 cases against the California Attorney General, as well as private prosecutors. She counsels companies—large and small—on compliance with Proposition 65, and works with them on developing Proposition 65 compliance programs and performing compliance audits of existing products.

Ms. Toledo has handled numerous cases alleging exposure to a variety of Proposition 65-listed chemicals including acrylamide, lead, cadmium, phthalates (DEHP, DBP, BBP and DINP), cocamide DEA, benzophenone, formaldehyde, arsenic, mercury, toluene, benzene, progesterone, PCBs and flame retardants.

Appeals. Ms. Toledo has been certified as an appellate specialist by the California State Bar, Board of Legal Specialization for over 10 years. She has litigated numerous appeals and writ petitions in California appellate courts and at the United States Court of Appeals for the Ninth Circuit. 

 

From 2016 to 2018, she served as Chair of the Ninth Circuit Advisory Board and previously served as Chair of the Ninth Circuit's Lawyer Representatives Coordinating Committee.

Prior to joining the firm, Ms. Toledo was in private practice at her own firm. She has served in the California Attorney General's Office and as a law clerk to Ninth Circuit Judge Warren Ferguson.

Experience

  • Food manufacturers regarding allegations of acrylamide in crackers, cookies and coffee.
  • Several retailers and manufacturers of foods, dietary supplements, and personal care products concerning compliance with Proposition 65.
  • Several distributors of building supplies, including plumbing and HVAC products concerning compliance with Proposition 65.
  • Several manufacturers in Proposition 65 cases regarding allegations of phthalates in latex gloves, tools, kitchen accessories, packaging, exercise equipment, and electronics accessories.
  • National retailer in Proposition 65 cases with respect to lead in canned seafood, seaweed, and spices.  
  • Retailer in Proposition 65 cases regarding acrylamide in hash browns, vegetable chips, and cookies.  
  • Several food distributors in a Proposition 65 case regarding lead in herbal and black tea.
  • Several dietary supplement companies with respect to Proposition 65 notices issued by Environmental Research Center involving allegations of lead and cadmium in dietary supplements.
  • Manufacturer of dietary supplements in regulatory proceedings with respect to the Proposition 65 warning regulations.  
  • Manufacturers of personal care products regarding allegations of cocamide DEA in shampoo, liquid soap and bubble bath products. 
  • Global pharmaceutical company in defeating Proposition 65 claims in an action brought by the California Attorney General involving two mercury compounds, thimerosal and phenylmercuric acetate, in nasal sprays.

Perspectives

California Ballot Initiative Filed to Phase Out Single-Use Packaging and Ban Polystyrene Food and Beverage Containers
Advisory
Two-Month Warning: California Cleaning Product Right to Know Act
Advisory
Proposition 65: Ten Things You Need to Know to Avoid Costly Litigation
Speaker, Third SoCal Dietary Supplement Consortium, Costa Mesa, CA
What’s All the Fuss About the Ninth Circuit Court of Appeals?
Speaker, Democratic Town Committee, Washington, CT
Prop 65: Complying With the New Warning Requirements: Are You Ready?
Speaker, Consumer Specialty Product Association Webinar
More

Recognition

Northern California Super Lawyers
Appellate Law (2010-2019)
Sacramento Business Journal
Best of the Bar (2013-2018)
Sacramento Magazine
"Top Lawyer" General Litigation (2017)
More

Credentials

Education
  • JD, University of the Pacific, McGeorge School of Law, with distinction
  • BA, Duke University, with honors
Admissions
  • California
  • Supreme Court of the United States
  • US Court of Appeals for the Ninth Circuit
  • US District Court, Eastern District of California
  • US District Court, Northern District of California
  • US District Court, Central District of California
  • US District Court, Southern District of California
Clerkships
  • United States Court of Appeals, Ninth Circuit, The Honorable Warren J. Ferguson
Activities
  • Chair, Ninth Circuit Advisory Board (2016-2018), Member (2008-2018)
  • Member, Advisory Board, Prop 65 Clearinghouse (2008-2015)
  • Chair, Appellate Law Section, Sacramento County Bar Association (2015)
  • Chair, Magistrate Judge Merit Selection Committee (E.D. Cal. 2011)
  • Chair, Ninth Circuit Lawyer Representative Coordinating Committee (2006)
  • Chair, Judicial Advisory Committee (E.D. Cal. 2007-2010), Member (2001-2006)
  • Member, Ninth Circuit Judicial Conference Executive Committee (2003-2006)
  • Chair, Ninth Circuit Lawyer Representative, E.D. Cal. Delegation (2001-2003)
  • Member, Operation Protect and Defend: The Constitutional Project (2002-2004)
  • Chair, Open Doors to Federal Courts (2001-2002)
Overview

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