Proposition 65 has imposed specific requirements on companies doing business in California.  Among these requirements are the requirement to notice any person who might be exposed to a listed chemical.  For an overview of Proposition 65, we recommend  Proposition 65 Made Simple. 

     The following describes The Carrick Law Group's approach to Proposition 65 litigation and compliance. 

Burden of Proof: Unlike standard litigation, Prop. 65 rests the burden of proof on the defendants. Companies are required to prove their existing warning systems are sufficient or chemical exposures are not high enough to cause harm.

The Plaintiffs: Prop. 65 lawsuits are brought by private foundations and organizations. These suits can damage your company's hard-earned reputation.

Warning Labels: Prop. 65 compliance forces tough issues. Companies must decide: Shall we switch to less toxic alternatives or risk losing consumers due to the stigma of the required warning labels?

The Expense: Against the company bottom line, you have to weigh the costs associated with testing, reformulating products and complying with regulations.

... a tannery prevail in a bench trial. We persuaded the judge to use the U.S. Environmental Protection Agency (US/EPA) regulatory risk standards in lieu of the far more stringent Prop. 65 "safe harbor" standard. (Citizens for a Better Environment v. Sawyer of Napa)

... the California Retailers Association in drafting the original Prop. 65 warning regulations.

... specialty consumer-products companies involved in the first "investigation by subpoena" program by the California Attorney General

... the first pharmaceutical companies sued over the use of Prop. 65-listed chemicals in pharmaceutical-grade materials (the ethylene oxide cases)

... a trade association to successfully defeat the proposed listing of a material under Prop. 65.

... a trade association to successfully defeat the imposition of warning requirements on calcium supplements and antacids under Prop. 65.

Keep costs to a minimum.

Comply with regulations before being sued.

Avoid the expense and public relations issues associated with a trial.

Act responsibly with the interests of your customers, employees and shareholders in mind.

Brings years of experience to the table. In fact, Roger Carrick wrote the first book on Prop. 65 in 1986.

Works with clients to be environmentally responsible without taking on unnecessary risk and cost.

Alerts clients to potential problems, especially through attorney-supervised chemical use audits.

Helps clients understand complex Prop 65 and related environmental regulations.

Looks at the science behind the products: (1) We delve into the nature of the product, (2) employ analytical lab techniques and (3) ascertain the merit of a lawsuit based on the scientific facts.

Approaches each product, each problem as a separate issue. Our solution is tailored to meet your needs.

Represents many different types of companies, especially consumer products companies, so we know how to keep people out of trouble, and defend them if they get in trouble.

Has special insight into how the public prosecutors approach these cases, and we can counsel our private clients accordingly.

Handles the toughest litigation: We were specially selected by the LA City Attorney to litigate the case related to warning labels on the dangers of second-hand smoke.