d-Con litigation

Reckitt Benckiser

Our attorneys represented Reckitt-Benckiser in challenging the California Department of Pesticide Regulation’s effort to restrict the sale of anticoagulant rodenticides to consumers in California. Our attorneys have represented Reckitt for many years against a similar effort by the US EPA, successfully winning a decision that required US EPA to abide by its governing statute and afford a full administrative hearing to Reckitt. 

The California agency adopted its restrictions in March 2014 with an effective date of July 1, 2014, leaving Reckitt very little time to remove its products from store shelves and replace them with unrestricted rodenticides. We quickly sued to overturn the regulation and sought a preliminary injunction that the regulatory action was inconsistent with the state law regulating pesticides and was undertaken in a manner that violated the California Administrative Procedure Act and Equality Quality Act. Following a petition to intervene by interested activist groups, who had prompted the original agency action, the San Diego Superior Court denied Reckitt’s motion for a preliminary injunction.  Following Reckitt’s filing an appeal, the matter was resolved when  Reckitt reached a global resolution with US EPA leading to a voluntary phase-out of anticoagulant rodenticides nationwide.

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