60 Day Notice and California Prop 65 Litigation Defense

How Will Your Business Face Financial Risk Based upon Prop 65?

Who will need California Prop 65 litigation defense attorneys in the coming months and how can Allen Barron protect your financial and business interests?  There are many California agencies and plaintiffs attorneys who are looking for a way to bring an action against your company for California Prop 65 violations.  It often begins with the plaintiff’s formation of a group with a self-serving name such as “Consumers for a Safe CA” or something similar.  The group will choose one person, usually with a “scientific background” to serve as the plaintiff in multiple lawsuits.

Your products or a group of products are tested by the plaintiff, usually with no advance notice or warning to you the manufacturer, distributor, retailer, catalog or online vendor.  When the testing reveals the presence of one of the 800 plus chemicals listed on the OHEEA’s Prop 65 website, the plaintiff usually sends notice to the offices of various District Attorneys (DAs) and/or the California (or appropriate) State Attorney General’s office  to determine if the state or local agency will pursue the matter of Prop 65 enforcement.  In the vast majority of these cases the local and state agencies leave the case to be prosecuted by the plaintiff’s attorneys.

At this point the plaintiff’s attorneys will send you and all associated parties/defendants a 60 day notice declaring you are in violation of California’s Prop 65.  The notice will provide limited details.  You need the experienced and proven business litigation defense attorneys at Allen Barron to protect your interests, investigate the matter, defend your legal and financial interests and seek the best possible resolution of your case.

How Can Our Experienced California Prop 65 Litigation Defense Attorneys Help Your Company?

Our proven California Prop 65 litigation defense attorneys will work to limit the escalation of plaintiff’s attorney’s fees, protect you against potential civil penalties and ultimately seek relevant disclosures from the plaintiff’s attorneys.  The plaintiff’s attorneys, many times, seek a “quick settlement” without offering reasonable terms or the opportunity to remedy the Prop 65 violation.  If no “correction” or settlement can be reached, the plaintiff’s attorneys file one or more lawsuits.

Once lawsuits are filed the plaintiff will seek civil penalties of up to $2,500 per day for every day of the violation, as well as legal fees and “restitution” which can take many forms resulting in substantial financial consequences.

The best opportunity for defense lies in investigating the scientific facts underlying the assertions of the plaintiff, and our attorney’s ability to mount an aggressive defense while seeking a reasonable solution of settlement in the matter before lawsuits are filed.  There are only a few cases on record where the defendant in Prop 65 cases has prevailed, and they have not been able to recover their own legal expenses.

The expense and burden of a Prop 65 case usually falls on your shoulders as a defendant.  Our attorneys work with you to come into Prop 65 compliance in advance of the approaching deadline.  When a dispute arises we are often able to work with other “defendants” to consolidate cases and limit the costs of mounting a Prop 65 defense.

How Can You Protect Yourself from Exposure to Prop 65 Risks and Financial Liabilities?

Allen Barron’s Proposition 65 attorneys work with you to come into compliance with all “Clear and Reasonable Warning” requirements established under Prop 65.  If you have received a 60 day notice we work aggressively to defend your interests while seeking authorization from appropriate legal entities for you and your company to correct potential Prop 65 violations.

There are several potential defense strategies. These include but are not limited to the effectiveness and compliance of existing warnings and documentation, Statutes of Limitations, defective plaintiff’s notices and providing evidence to prove no warning was required because the exposure levels associated with the product(s) does not violate the regulations established by Proposition 65.

Allen Barron’s Prop 65 attorneys work to negotiate prompt settlements of any potential disputes prior to the filing of a lawsuit.  Our attorneys work to identify other potential defendants to help defray costs and leverage resources to mount a successful defense.

Contact Experienced California Proposition 65 Compliance and Litigation Defense Attorneys

Are you concerned about coming into compliance with California Prop 65 as a manufacturer, distributor, retailer, catalog house or online point of sale for consumer products and commercial goods sold within the State of California?  How can you provide a Clear and Reasonable Warning and ensure compliance with all regulations under this complex statute?  Is there a Safe Harbor, Safe Use Determination or SUD, or Naturally Occurring Exemption which would reduce your exposure to litigation and financial consequences under Prop 65?  What should you do if you receive a 60 day Notice or are served papers regarding a lawsuit?  We invite you to contact us or call 866-631-3470 for a free consultation with an experienced California Prop 65 litigation defense attorney.  Learn how we can help you to avoid costly Prop 65 financial liabilities and protect the profitability of your business.