Will Wagner focuses on consumer product defense and regulatory compliance, particularly issues involving California's unique Proposition 65. He defends personal care product manufacturers, food and beverage producers, garment and accessory companies, and other companies in lawsuits relating to Prop 65 chemicals of concern—heavy metals, acrylamide, THC, talc, PFOA, BPA, titanium dioxide, hexavalent chromium, DEHP (and other regulated phthalates), styrene, formaldehyde gas, and many more.

Mr. Wagner also defends consumer product companies against allegations of deceptive, misleading or unsubstantiated label and advertising claims, including actions brought under California's Consumer Legal Remedies Act (CLRA) and Unfair Competition Law (UCL). His experience includes defending companies against putative or threatened class action lawsuits based on nonfunctional slack-fill allegations, structure/function claims and ingredient content claims.

In the regulatory compliance arena, Mr. Wagner regularly advises on Prop 65 compliance and risk mitigation, including regulatory and chemical listing issues involving California's Office of Environmental Health Hazard Assessment (OEHHA). He has broad experience navigating California laws and regulations that impact consumer product companies, including advising and defending companies in connection with California's regulation of Volatile Organic Compound (VOC), which often involves the California Air Resources Board (CARB) and the South Coast Air Quality Management District. He also counsels clients on issues regarding California's Cleaning Products Right to Know Act, Safe Cosmetics Act, Transparency in Supply Chains Act, and the Organic Products Act.

Perspectives

More Prop 65 Regulation Of PFAS Means More Risks For Cos.
Law360
California Extends Plastic Product Marketing Restrictions to Cover All Consumer Products
Enforcement Edge: Shining Light on Government Enforcement
California Enacts New Law Restricting Environmental Marketing Claims on Consumer Products
Environmental Edge: Climate Change & Regulatory Insights

Credentials

Education
  • JD, Sandra Day O'Connor College of Law, cum laude
  • BA, University of Nevada, Reno
Admissions
  • California
  • Nevada
  • Arizona
  • US District Court, Northern District of California
  • US District Court, Eastern District of California
  • US District Court, Central District of California
  • US District Court, District of Nevada
  • US District Court, District of Arizona
  • US Court of Appeals for the Ninth Circuit
Clerkships
  • Supreme Court of Nevada, The Honorable Justice James Hardesty
Overview

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