CALIFORNIA’S PROPOSITION 65

California’s Proposition 65, enacted by voter initiative in 1986, requires persons exposing Californians to carcinogens and reproductive toxins to provide clear and reasonable warnings of such exposures. Failure to provide the required warnings can result in substantial fines and penalties, enforced by both the California Attorney General and private attorneys-general (via so-called “bounty hunter” lawsuits).

Proposition 65 warnings apply to over-the-counter drugs and other products within the ambit of KKB’s practice. KKB attorneys have been active since the inception of the law in 1986, assisting initially in the reasonable implementation of the law, and since then in providing ongoing advice to regulated industry.

We advise clients on compliance issues (including the Safe Harbor provisions), assist with Proposition 65 data call-ins, make presentations before the California Office of Health Hazard Assessment, and defend companies in civil lawsuits alleging violations of Proposition 65 and related State law.