California's Proposition 65

Keller and Heckman provides experienced counsel for the full range of enforcement and compliance matters encountered under California’s Proposition 65. (For background information and to view articles on Proposition 65, click the "Publications" tab in the sidebar to the right.) These matters range from proposed listing decisions by the California Office of Environmental Health Hazard Assessment (OEHHA) on one end of the spectrum to enforcement defense, with cases involving consumer products, such as foods, dietary supplements, food packaging and other products, such as cookware that come in contact with food, and children’s products, as well as industrial and commercial products and chemicals. We also often participate in legislative and regulatory proceedings on policy aspects of Proposition 65, and have done so since its adoption in 1986. 

At Keller and Heckman, we believe that sound legal and scientific analysis is the foundation for good public policy. To that end, we represent clients to challenge listing decisions where appropriate and assure that all relevant data are in the record considered by OEHHA. Our scientific staff members bring expertise in exposure assessment and toxicology to support our legal team, and our lawyers and scientists often bring knowledge of occupational health, toxicology, chemistry, safety and environmental expertise to Proposition 65 questions. In addition, many of our attorneys have technical backgrounds and years of experience dealing with scientific and technical issues in the regulatory arena. 

When a chemical is listed under Proposition 65, we assist clients through proactive evaluation and counseling. Keller and Heckman provides clients with an evaluation of whether their foreseeable use will result in exposures within relevant safe harbor levels – exposure levels at which no Proposition 65 warnings are required – otherwise known as No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Level (MADLs). We also work with clients to derive safe harbor levels in the many cases for which OEHHA has not published these values. And, we advise on product formulation and evaluation criteria that may eliminate Proposition 65 issues altogether. 

In Proposition 65 enforcement actions, we represent clients in litigating claims alleging violations, negotiating settlements, recalls, and programs to achieve compliance with settlement terms. Collectively, counsel by Keller and Heckman at the rulemaking, compliance and litigation defense levels is designed to create the best possible regulatory landscape for clients, minimize the potential for challenges, and, should an enforcement action become inevitable, provide a vigorous defense. 

To contact us with questions or for more information about Proposition 65, email, or call our Washington office at 202-434-4100 or our San Francisco office at 415-948-2800.

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