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Navigating California’s Regulatory Landscape

Key Facts

  • Client received notice that it was in violation of California's Prop 65
  • Our team has extensive experience in this area
  • We resolved the matter quickly and avoided costly litigation

The Situation

Our client, a manufacturer of salon quality hair products, received a notice that it was in violation of California’s proposition 65. Prop 65, as it is commonly called, is a California-specific law that requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. Currently, this list of chemicals includes more than 900 substances.

The Approach

The client called us for help resolving this issue before it developed into a costly litigation. Our team has deep experience in resolving issues for clients on California-specific regulations. Dan Herling has advised not only consumer products companies and retailers on Proposition 65 compliance and litigation, but also retailers and sports equipment manufacturers on resolving these issues.

The Outcome

Dan was able to quickly resolve the claims by establishing that the alleged offending products were subject to the “Safe Harbor” provisions in the statute and by persuading the citizen enforcer counsel to voluntarily abandon the case before it turned into a much more costly litigation. In addition, Dan also helped the client identify other potential Proposition 65 violations to avoid further issues.

Supporting Professionals