Proposition 65 Litigation

Carlton Fields has the most experienced California Proposition 65 litigation team in the country. Our lawyers have decades of experience counseling and defending companies of all sizes and industries in Prop 65 matters. We are not just advisers — we are litigators who have tried cases and understand what it takes to build a strong defense under this chemical right-to-know law.

Trial-Proven Defense

Few Prop 65 cases go to trial, and many attorneys have never tried one. Carlton Fields is different. In the past few years alone, we have secured three defense verdicts in three trials — no other firm comes close. Our experience means we know how to navigate the high stakes of Prop 65 litigation and achieve real results for our clients.

Who Is at Risk

Prop 65 affects companies worldwide that sell products — including food — in California, the world’s fourth-largest economy. U.S.-based companies that import, package, distribute, or sell products in California, whether online or in a store, must comply where warnings are required or face claims from private enforcers, who receive a share of penalties and attorneys’ fees. These claims can be costly and widespread, often affecting entire industries, and may require companies to place warnings on products or change their chemical composition.

Our Clients and Industries Served

We defend retailers, distributors, and manufacturers across a broad range of products:

• Health supplements and baby foods
• Personal care products and cosmetics
• Apparel, accessories, and home goods
• Automotive and heavy machinery

Whether the client is large or small, our attorneys work collaboratively from the outset to understand client needs and provide a clear-eyed evaluation of the best options, whether that means securing an early settlement or defending through trial.

Our Approach

• Understanding enforcement trends: We know private enforcers and plaintiffs’ lawyers, including the amounts and terms of typical settlements.
• Strategic defense planning: We ask the right questions to build the most effective defense and determine whether settlement or litigation is the optimal path.
• Exposure analysis expertise: Just because a company receives a violation claim does not mean it is in violation and required to place a warning. Prop 65 is based on chemical exposure. We regularly work with experts in this field who perform exposure assessments to help us evaluate whether there is a defense to the claim.
• Early assessment capabilities: Because we have experience in all phases of these matters our team can often give clients a preliminary evaluation so the client can make a decision best for its business. 
• Compliance guidance: Our experience means we can help clients minimize risk by considering the latest regulations and best practices in manufacturing and distribution, ingredient sourcing, chemical testing, and stronger supplier agreements.

Prop 65 is a complicated law with confusing regulations and traps for the unwary or inexperienced. We’ve navigated these waters and our experience and insight have led to favorable outcomes, whether dismissals, settlements on favorable terms, or trial victories. 

Consumer Chemicals Beyond Prop 65

Prop 65 is not the only chemical law affecting consumer products and food, in California and many states. This is an area that is and will continue to grow at the state level, especially with the deregulatory environment at the federal level. These regulations include:

• Mandates on recycled content and packaging, including producer responsibility
• Limits on heavy metals
• Bans or restrictions on PFAS “forever chemicals” in food, clothing, cosmetics, cookware, and furniture
• Carbon and climate reporting regulations

Carlton Fields monitors regulations across multiple states and helps clients understand and stay informed on these often conflicting rules to ensure compliance and avoid penalties.

Guiding Companies Through Prop 65 Compliance

Prop 65 claims can be complex, costly, and far-reaching. Carlton Fields provides strategic, evidence-based counsel to manage regulatory risk, defend claims, and achieve favorable outcomes, whether through dismissal, settlement, or trial.

Partner With Experienced Counsel
We work collaboratively with clients to evaluate potential exposure, assess enforcement trends, and design compliance and defense strategies tailored to their operations and products.