How Can I Defend My Company Against a Proposition 65 Lawsuit?  

The image displays a Proposition 65 warning against a backdrop of a highway sign that says "Welcome to California." The text of the warning reads: "WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov." There is a prominent yellow triangular caution symbol with an exclamation point, drawing attention to the warning. The image conveys a health risk warning related to chemical exposure in compliance with California’s Proposition 65 regulations.

Written by: Michael R. Parker, Founding and Managing Partner  

At Parker PLLC, Attorneys at Law, we understand the complexities and challenges that come with defending against Proposition 65 lawsuits in California. Proposition 65 mandates businesses to provide clear and reasonable warnings regarding exposure to listed chemicals. Failure to comply can result in hefty penalties, making it imperative for businesses to be well-versed in their defense strategies. 

Do You Qualify for Exclusion? 

One avenue of defense lies in understanding whether your company qualifies for exclusion under Proposition 65. The statute exempts businesses with fewer than 10 employees. However, proving this exclusion is becoming increasingly intricate, with private enforcers scrutinizing classifications. Even if your business qualifies for exclusion, navigating claims from larger clients can blur the lines of defense, often leading to resolution for the sake of maintaining crucial business relations. 

Did the Plaintiff Comply with Notice Requirements? 

Central to mounting a defense is scrutinizing whether the plaintiff adhered to the 60-day notice requirement. This prerequisite demands strict compliance with statutory provisions, including detailed information about the alleged violation. Any deviations from these requirements could form the basis for dismissing the action, offering a crucial opportunity for defense. 

Leveraging the “Safe Harbor” Defense 

Not all exposures to listed chemicals necessitate warnings. The “Safe Harbor” defense comes into play when exposures stay below specified regulatory levels. However, this defense presents formidable challenges, requiring costly expert assessments and potentially contentious factual disputes. Nonetheless, it is a pivotal strategy for businesses navigating Proposition 65 claims. 

Exploring the “Naturally Occurring” Defense 

For businesses in the food industry, the assertion of a chemical being “naturally occurring” can serve as a potent defense. Yet, proving this defense demands meeting a stringent burden of proof, making it a rare but impactful strategy when applicable. 

At Parker PLLC, we specialize in offering comprehensive legal guidance tailored to your Proposition 65 compliance needs. With our extensive experience, we offer adept analysis and strategic counsel to safeguard your interests. 

We’re Here to Help 

If you’re facing Proposition 65 challenges, don’t navigate them alone. With over 25 years of experience, our team at Parker PLLC stands ready to help you. Contact us today at 817.442.9500 or email us at admin@parkerpllc.com to schedule a consultation and explore how we can protect your business interests amidst Proposition 65 scrutiny. 

Crafting a robust defense against Proposition 65 demands nuanced legal expertise and strategic foresight. Let Parker PLLC be your partner in safeguarding your business against the complexities of California’s regulatory landscape.