Capabilities
Consumer Protection and Advertising

California Proposition 65

Arnold & Porter has one of California's largest and most experienced Proposition 65 practices, encompassing a dozen lawyers and lobbyists in our San Francisco, Los Angeles, and Sacramento offices. Three of our lawyers have over 20 years of experience in advising and defending businesses under this unique law. We have handled over a thousand Prop 65 claims, and we have intensively litigated dozens, with leading roles in the majority of major multi-party cases brought over the statute's 30+ years.

Deep Experience

Our lawyers have represented over a thousand manufacturers, retailers, distributors, and trade associations in a wide range of industries. We often handle cases involving newly emerging legal and scientific claims, and we have experience in multiparty representation in litigation and regulatory matters concerning issues of industry-wide significance, including litigation challenging regulations and chemical listings. Our Proposition 65 team has strong litigation defense experience involving environmental and consumer product claims, including class actions, both in California and around the country. Because of the breadth and depth of our experience, we are well prepared to assist clients in litigation and in the development of compliance strategies.

Broad Experience

Unlike many of the law firms with significant Proposition 65 practices, Arnold & Porter has leading practices in related areas of law such as consumer product safety; consumer protection law; EU product regulation; environmental law; food, drug, and cosmetic regulation; product liability litigation; and unfair competition and trade practices law. We understand how the requirements of federal regulators such as the Food and Drug Administration (FDA) and Federal Trade Commission (FTC), states such as Washington and New York, and international standard-setting bodies interact with Proposition 65 and related consumer product regulatory issues. In addition, two of our firm's registered lobbyists have deep experience with Proposition 65 and the state agencies who implement its requirements, enabling us to serve our clients in every important forum. With this comprehensive experience, we offer an integrated approach in providing legal and government relations responses to both complex and relatively straightforward issues alike.

Our active practice, which keeps us in regular communication with regulators, activists, and plaintiff's counsel, enables us to efficiently serve our diverse clientele and provide cost-effective, valuable insights and services for their businesses.

Experience

PepsiCo. People of the State of California v. PepsiCo, Inc., et al.

Represented the nation's largest snack food manufacturer in Proposition 65 litigation brought by the California AG and several private plaintiffs seeking warnings for a chemical that is naturally created in cooking potato chips, French fries, and other food products.

McDonald's, Applebee's, Chick-fil-A, Outback, TGI Friday's, Chili's, and Friendly's Physicians Committee for Responsible Medicine v. McDonald's Corporation, et al.

Represented six restaurant systems in Proposition 65 litigation brought by animal rights group seeking warnings for PhIP, a chemical that is naturally created in cooking chicken.

Dietary supplement manufacturers Lead/supplements Proposition 65 litigation

Represented over a dozen dietary supplement manufacturers in Proposition 65 litigation brought by the California Attorney General and several California District Attorneys seeking warnings for naturally occurring lead in vitamin supplement products.

Lockhart Industries, Inc. California proposition 65 litigation

Served as lead counsel for manufacturing plant in litigation under California Proposition 65 based on alleged environmental exposures to listed chemicals from degreasing operations.

Medical supply company Proposition 65 vinyl gloves litigation

Proposition 65 lawsuit regarding DEHP in vinyl gloves.

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Perspectives

Navigating the Minefield of State Consumer Product Chemical Disclosure Laws
Calif. Bills Would See Huge Changes For Single-Use Products
California Law360, Environmental Law360, Food & Beverage Law360, Hospitality Law360, New York Law360, Public Policy Law360, Retail & E-Commerce Law360
California Legislature Proposes Expansive and Unprecedented Regulation of Single-Use Products and Packaging
Advisory
The California Legislature: Recently Proposed Consumer Products Legislation
Arnold & Porter Webinar
What's New with Prop 65? A Look Back at How 2018 Changed California's Proposition 65
Arnold & Porter CLE Program, San Francisco, CA
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Recognition

Chambers USA
Food & Beverages: Regulatory and Litigation (Nationwide) (2018)
Overview

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