Proposition 65

If you do business in California, you are likely familiar with the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65).  While the proposition is supposed to protect the state’s drinking water, it has gotten out of hand. In fact, companies selling into California pay more than $30 million each year to settle claims brought by private plaintiff groups. In 2016, the average monetary payment for a business receiving a Notice of Violation (NOV) was $39,671, which excluded costs incurred to recall products, relabel and pay its own attorney’s fees.

As the only firm with plaintiff attorney experience, Dowell LLP approaches Prop 65 defense differently.  We like to address potential Prop 65 liability before it becomes an issue. We work directly with scientific experts to develop a comprehensive compliance strategy specific to your business.  Our goal is to keep your products on the shelf and your profits in your business. We can help with labeling, testing, advocacy, and legal strategy.

If your company received a NOV or you would like to learn more about our approach, please contact us for a complimentary consultation.