Proposition 65
Proposition 65
Kelley Drye attorneys provide practical counsel and defense strategies to help clients navigate the challenges of complying with California’s Proposition 65 warning requirements and responding to private plaintiff enforcement actions. 

By integrating environmental, health and safety, food and drug, and advertising law considerations with litigation expertise, we provide comprehensive guidance to companies and industry trade organizations across a broad range of industry sectors, from consumer product retailers and distributors to heavy manufacturing.  We help companies assess their Proposition 65 obligations and develop appropriate compliance programs.

Our attorneys have provided clients with expertise and counsel on Proposition 65 matters since the law’s inception in 1986.  We utilize our attorneys’ diverse regulatory and litigation expertise from offices across the country, particularly Los Angeles and Washington, D.C., to provide a multifaceted approach for clients with Proposition 65 enforcement or compliance concerns.  Representative clients include companies and trade associations in the steel, copper, leather, clothing, books, food, cosmetics, vitamins, vitamin supplements, dental equipment, fashion accessory, automotive and other industry sectors.

  • Defended clients and negotiated numerous settlements of Proposition 65 complaints, including cases involving clothing retailers, automotive products and cosmetics.

  • Provided advice on implementation of new Proposition 65 warning requirements.

  • Extensive experience addressing toxicity, risk and associated labeling issues under Proposition 65 and numerous other federal and state regulatory programs.

  • Advised a global beverage company on significant Proposition 65 strategy matters.

  • Monitored, analyzed and reported on Proposition 65 developments concerning food ingredients and implications for a trade association representing U.S. chewing gum manufacturers.

  • Successfully petitioned California OEHHA to amend the Proposition 65 listings for chromium and nickel.

  • Drafted comments on proposed Proposition 65 regulatory amendments.

  • Represented clients in Proposition 65 litigation matters involving FDA-related federal preemption issues.

  • Contributed to a case in which a food industry trade association challenged the California interpretation of the exemption for naturally occurring substances in food.
 
 

Overview

Kelley Drye attorneys provide practical counsel and defense strategies to help clients navigate the challenges of complying with California’s Proposition 65 warning requirements and responding to private plaintiff enforcement actions. 

By integrating environmental, health and safety, food and drug, and advertising law considerations with litigation expertise, we provide comprehensive guidance to companies and industry trade organizations across a broad range of industry sectors, from consumer product retailers and distributors to heavy manufacturing.  We help companies assess their Proposition 65 obligations and develop appropriate compliance programs.

Our attorneys have provided clients with expertise and counsel on Proposition 65 matters since the law’s inception in 1986.  We utilize our attorneys’ diverse regulatory and litigation expertise from offices across the country, particularly Los Angeles and Washington, D.C., to provide a multifaceted approach for clients with Proposition 65 enforcement or compliance concerns.  Representative clients include companies and trade associations in the steel, copper, leather, clothing, books, food, cosmetics, vitamins, vitamin supplements, dental equipment, fashion accessory, automotive and other industry sectors.

Experience

  • Defended clients and negotiated numerous settlements of Proposition 65 complaints, including cases involving clothing retailers, automotive products and cosmetics.

  • Provided advice on implementation of new Proposition 65 warning requirements.

  • Extensive experience addressing toxicity, risk and associated labeling issues under Proposition 65 and numerous other federal and state regulatory programs.

  • Advised a global beverage company on significant Proposition 65 strategy matters.

  • Monitored, analyzed and reported on Proposition 65 developments concerning food ingredients and implications for a trade association representing U.S. chewing gum manufacturers.

  • Successfully petitioned California OEHHA to amend the Proposition 65 listings for chromium and nickel.

  • Drafted comments on proposed Proposition 65 regulatory amendments.

  • Represented clients in Proposition 65 litigation matters involving FDA-related federal preemption issues.

  • Contributed to a case in which a food industry trade association challenged the California interpretation of the exemption for naturally occurring substances in food.
Partner
Email (310) 712-6125(310) 712-6125
Lee Brenner serves as chair of the firm’s nationwide Media and Entertainment practice group.  Lee is dedicated to getting the result his clients want, and focuses on creativity when it ...
Special Counsel
Email (202) 342-8849(202) 342-8849
Joe Green advises on complex environmental regulatory matters for large and small corporate clients and national trade associations.  He is particularly skilled in translating complex busines...
Partner
Email (202) 342-8582(202) 342-8582
Sarah Roller, J.D., R.D., M.P.H., is a partner in the firm’s Washington, D.C. office and chair of the Food and Drug Law practice.  She focuses her practice on the representation of U.S....
Senior Associate
Email (310) 712-6169(310) 712-6169
Ken Kronstadt is a senior associate in the firm’s Los Angeles office. Ken is a member of the firm’s insurance recovery group, and represents policyholders in insurance coverage and bad...

Contact Information

Lee S. Brenner 
Partner
(310) 712-6125 
lbrenner@kelleydrye.com

Joseph J. Green
Special Counsel
(202) 342-8849
jgreen@kelleydrye.com

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