Chemical Regulation/Consumer Products
Our practice includes representing clients with respect to consumer protection laws, such as Prop 65, Safer Consumer Products Regulations (Green Chemistry Initiative), the Consumer Legal Remedies Act, the Toxic Substances Control Act, and Consumer Products Safety Improvement Act. Among other cases, we have defended companies in enforcement actions brought by the Attorney General and citizen enforcers under Prop 65 concerning a vast array of products and chemicals, such as acrylamide, lead, other heavy metals, phthalates, and 4-MEI in food products, dietary supplements, flame retardants, and a broad spectrum of consumer products.
Our expertise includes:
- Proposition 65
- Safe Consumer Products Regulation/Green Chemistry
- Cannabis Regulation
- Consumer Products Safety Act (CPSA and CPSIA)
- Consumer Legal Remedies Act
- FDA Regulation
- Successfully defended Lush Cosmetics by having the Superior Court sustain a demurrer without leave to amend with regard to Proposition 65, Consumer Legal Remedies Act, and Unfair Business Practice claims in Enge v. Lush Cosmetics, LLC, Case No. BC526662 (Los Angeles Superior Court), included in Proposition 65 Cocamide DEA Cases, Judicial Council Coordinated Proceeding Case No. 4765 (Alameda Superior Court).
- Member of lead defense negotiating team for multi-plaintiff/multi-defendant Proposition 65 case involving alleged failure to warn with regard to flame retardants in furniture and mattresses. Successfully negotiated Proposition 65 settlements with the California Attorney General on behalf of a number of snack food companies with regard to exposures from acrylamide in People of the State of California v. Frito-Lay, Inc., et al., No. BC 338956 (Cal. Sup. Ct.) and People of the State of California v. Snyder’s of Hanover, et al., No. RG 09455286 (Cal. Sup. Ct.).
- Advise multiple clients with regard to TSCA, California’s “Green Chemistry” initiative and the Safer Consumer Products Regulations.