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 in our San Francisco, Los Angeles, and Silicon Valley offices. Our lawyers have represented hundreds of manufacturers, distributors, retailers, and trade associations in a wide range of industries. Our lawyers often handle cases involving newly emerging legal and scientific claims, and we have experience in multiparty representation in cases concerning issues of industry-wide significance. Our lawyers have also handled litigation challenging regulations and chemical listings under Proposition 65. The lawyers in our Proposition 65 practice have 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.

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 FDA and FTC, states such as Washington and Maine, and international standard-setting bodies interact with Proposition 65 and related consumer product regulatory issues. With this comprehensive experience, we offer an integrated approach in providing legal responses to both complex and relatively straightforward issues alike.

We focus on developing and implementing clear strategies that will achieve our clients' business and litigation objectives. Along with this strategic thinking, we bring experience, dedication, and zealous advocacy to bear on our clients' Proposition 65 and chemical litigation needs.

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

Overview of California Regulatory Developments
Presenter, Arnold & Porter Webinar for Personal Care Products Council
New Challenges of Proposition 65 for the Dietary Supplement Industry
Speaker, ACI/Council for Responsible Nutrition Legal, Regulatory and Compliance Forum on Dietary Supplements, New York, NY
Prop 65 Developments: Litigation Trends and What Has Been the Economic as well as Public Health Impact of Prop 65?
American Conference Institute's Food Law Conference, Chicago, IL
Patchwork Settlements: What Standards Should Apply?
Prop 65 Clearinghouse Annual Conference, San Francisco, CA
Proposition 65: Big Changes to California's Warning Regulations
Arnold & Porter LLP
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Recognition

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

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