Buchalter’s Chemical Law & Prop 65 group is comprised of seasoned lawyers and litigators who counsel and defend companies big and small in diverse industries from pharmaceutical and supplements to apparel and footwear to home furnishings, automotive components, consumer products, sporting goods, and beyond. We understand clients need common sense solutions with a results-oriented approach tailored to their specific needs and industries. Buchalter offers knowledgeable and effective lawyers who can get to the core of the matter and cost effectively help our clients understand and comply with today’s complex and growing landscape of chemical laws and regulations at the state, federal and international level. Our attorneys understand the impact these laws can have on a company’s bottom line, market share and reputation.
State and Federal Chemical Laws and Regulation
We counsel clients on federal requirements and compliance, including those imposed by the:
- Toxic Substances Control Act (TSCA),
- Consumer Products Safety Improvement Act (CPSIA), and the
- Consumer Products Safety Commission (CPSC).
We also help clients understand and comply with the growing patchwork of state regulations and laws, including those related to:
- Green chemistry,
- Toxics laws regulating children’s’ products, and
- Packaging regulations, including their enforcement by the Toxics in Packaging Clearinghouse (TIPC).
California’s Proposition 65 Toxics Warnings Law
Our attorneys also have extensive experience in counseling and defending manufacturers, distributors, and retailers from a wide variety of industries in California’s Proposition 65 toxics warnings law (Health & Safety Code section 25249.5, et seq.). Attorneys not only stay current with the frequently changing regulations that govern the law, they also publish and speak on its impact. Using our wealth of experience, we counsel clients on best practices for avoiding notices of violation staying compliant with the law and its interpretive regulations. This includes the importance of understanding products’ supply chains, working with suppliers early on to identify chemicals and ingredients contained in products, and developing a program to verify and address responsibility for issues before they occur. Our lawyers also help clients maintain their business relationships and structure contractual arrangements to minimize risk.
California’s regulations list over 900 chemicals that require warnings if they are either present in products sold in California or present in the workplace or on a premises located here. It is important to create a defense strategy early to fit the specific needs of the company. We have relationships with a number of prominent and nationally renowned experts in this field who can help us advise our clients on compliance by conducting testing and assessments of the products and chemicals present to determine whether warnings or reformulation of the products are necessary. Our knowledge and experience has helped us secure dismissals of these cases, negotiate favorable settlements, and defend our clients in litigation and trial.
Representative Matters
- Obtained summary judgment on behalf of contract manufacturers and retailers of personal care products in a Proposition 65 lawsuit, on the grounds that the Certificate of Merit was defective due to the product being tested, purchased and sold outside the state of California where Prop. 65 does not apply.
- Represent manufacturer of baby formula in Proposition 65 litigation brought by state Attorney General claiming failure to warn regarding the presence of lead
- Represent over-the-counter drug distributor and several retailers of its product in litigation alleging they failed to warn regarding heavy metals in antacid products
- Represented furniture maker in large coordinated Proposition 65 action claiming failure to warn for formaldehyde and helped negotiate consent judgment resolving matter before trial on favorable terms
- Counseled sports bag manufacturer on compliance with California’s reusable shopping bag law
- Advised children’s apparel manufacturer on best practices for compliance with packaging laws in over 21 states and negotiated dismissal of alleged violation brought by Toxics in Packaging Clearinghouse
- Counsel clients in the automotive after-market business on proactive steps to test and warn about their products, respond to customer and retailer inquiries regarding Prop 65 compliance, and represent clients on notices of violation
- Represent major big box retailer when facing notices of violation and litigation involving Prop 65; including structuring and enforcing indemnity agreements with vendors
- Presentations to organizations on emerging green chemistry laws in several states and coming impact of these laws identifying “chemicals of concern” in numerous products
