Proposition 65: Sheppard Mullin

Overview

If you manufacture, sell, or distribute any product directly or indirectly in California – through a distributor, online or otherwise – you need to understand and comply with Prop 65. Sheppard Mullin has the expertise to help.

Prevention is Our Goal

Our main goal is to help you avoid government and private bounty hunter enforcement actions in the first place. We know that is not always possible, but we can help you assess and implement a Prop 65 compliance program that will minimize the likelihood of an enforcement action. We also can audit your website to make sure you are following best practices.

Early Resolution

We will work with you to develop creative solutions to foster early resolution of claims, from pre-lawsuit negotiations to accelerated litigation and appeal of key issues.

Expertise

We have experience in all aspects of Prop 65, including compliance, response to notices of intent to sue, defense of lawsuits and appeals. We routinely guide clients, both large and small, through the process of responding to 60-Day Notice letters, interfacing with the California Attorney General’s Prop 65 unit and defending enforcement actions in court.

Why Sheppard Mullin?

A long history of great results, including published appellate opinions
Experience with a multitude of products and industries
Geographic reach and the bench strength to get things done virtually anywhere and in any forum
Willingness to fight and take a case to trial or appeal if necessary

We are nimble and tough. We make it our business to understand your business, and we make sure your objectives guide our strategy and tactics.

Experience

Representative Experience

Warnings: We have successfully obtained summary judgment, dismissal or settlement of, or counseled clients on, claims involving the following chemicals and products:

Chemical	Product	Client(s)
Acrylamide	Food Snacks	Food service representatives Retailer
Asbestos	Commercial property	Owners
Benzene	Propane cooking appliances	Manufacturer
BPA	Electronics	Manufacturer
Cadmium	Halloween costumes Chocolate	Manufacturer Manufacturer
Cocomide DEA/DEA	Pet shampoo	Manufacturer
DEHP	Eyewear/glasses/ sunglasses Makeup cases/bags Gaming headsets Halloween costumes Children’s footwear Photo albums Fashion accessories Electronics accessories Rainwear Electrical tape Safety equipment Laptop skin/cover Back scrubber Plastic Case	Distributors and retailers Manufacturer Importers and distributors Manufacturer Retailer Retailer Manufacturer Importer/distributor Importer Distributor Distributor Manufacturer Manufacturer Manufacturer
Diesel exhaust and benzene	School buses Parking garages	School bus operator Parking garage owner
DIWP	Automotive Accessories	Distributor
DBP	Halloween costumes Children’s footwear	Manufacturer Retailer
Ethylbenzene	Spray paint	Manufacturer
Formaldehyde	Particle board and wood floor coverings Plant emissions Halloween costumes Dietary Supplements BBQ equipment	Manufacturers Owner of industrial facility Manufacturer Manufacturer Manufacturer
Furfuryl Alcohol	Candy	Manufacturer
Lead	Battery Recycler Cookware Computer equipment Carpet/artificial turf Food Industrial emissions Solder Tableware, crystal products, candle holders, terrariums, picture frames, light bulbs, cosmetics Garden tools and hose accessories Shoes Brass Nozzles Fidget spinners Locks Supplements	Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer Retailer Manufacturer Retailer Manufacturer Manufacturer Distributor Distributor
Methylene Chloride	Furniture	Furniture refinisher
Mercury / Methyl Mercury	Food	Restaurant chains
Naphthalene	Tea	Retailer
Propoxur	Pet flea-prevention collars	Manufacturer
Silica	Wall board	Manufacturer
TDCPP	Acoustic and soundproofing foam	Retailer
Titanium dioxide (airborne, unbound particles of respirable size)	Powdered makeup	Manufacturer/retailer
Toluene	Furniture polish Nail polish Shutters	Manufacturer/distributor Manufacturer Manufacturer

Discharge to soil or water: We have successfully defended lawsuits alleging discharges of chemicals to soil or water in violation of Prop 65 and subsequent appeals, including:

Represented a major oil company in successful litigation and appeal of lawsuit seeking over $62 million in civil penalties for alleged releases of Proposition 65 chemicals from gasoline service stations. Resulted in landmark environmental decision, Consumer Advocacy Group v. Exxon Mobil Corporation, 104 Cal. App. 4th 438 (2002), where California Court of Appeal held that “passive migration” or “continued presence” of chemicals in soil or water did not constitute a “discharge or release” under Proposition 65.
Represented a major oil company in lawsuits filed by California Attorney General and Solano County District Attorney seeking injunction and civil penalties for alleged releases of Proposition 65 chemicals from a refinery and a marketing terminal.
Represented a major oil company in lawsuit seeking injunction and civil penalties for alleged releases and threatened releases of Proposition 65 chemicals and alleged environmental exposures from former landfill.