Proposition 65

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California’s Proposition 65 places substantial obligations on businesses with operations in California, as well as manufacturers, suppliers, importers, distributors, and retailers of products for California consumers. Proposition 65’s warning obligations can be triggered by any one of over 900 chemicals listed by the State of California as potentially causing cancer or reproductive harm, making compliance a challenge for businesses. Failure to comply with Proposition 65 can result in substantial monetary liabilities, including civil penalties of up to $2,500 per day for each violation.

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Several experienced Proposition 65 plaintiffs filed a high-profile Proposition 65 lawsuit in October regarding alleged lead at Disneyland and Disney’s California Adventure.  The lawsuit alleged that various locations in Disneyland and California Adventure contain leaded brass, including hand rails, chains and line dividers, and various items that children are encouraged to play with (such as…

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Governor Brown signed into law new legislation (SB 646-Pauley) that ends what has been described as a dual track system for enforcing California’s Lead Containing Jewelry Law (Health and Safety Codes Section 25214.1-25214.4.2).  The law, which regulates the levels of lead in jewelry, also contained an exemption for retailers that had joined a…

A group of jewelry retailers, manufacturers and suppliers entered into a Proposition 65 settlement agreement with Center for Environmental Health (CEH) several months ago concerning cadmium in jewelry. The settlement was formalized in a consent judgment approved by Alameda Superior Court in CEH v. Aeropostale, Inc. 

As in other Prop 65 consent judgments, this…

About Stoel Rives Environmental Law

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Few firms view their Environment, Land Use, and Natural Resources practices as core legal services. Stoel Rives is one of them. The firm ranks #8 in the United States according to Law360’s list of the largest practices of its kind. Our sophisticated compliance counseling, permitting, regulatory development, and litigation practices continue a long tradition of specialization and deep experience. Our environment, land use, and natural resource attorneys incorporate prior agency experience, technical acumen, and industry knowledge into their legal advice. They also build strong relationships with agency officials and industry associations. Our litigation successes include landmark decisions. More than 60 attorneys, paralegals, and compliance analysts comprise Stoel Rives’ nationwide Environment, Land Use & Natural Resources practice.