PROPOSITION 65, PFAS CONTENT & CONSUMER LAWS
Ready! Fire! Aim!
Our attorneys assist manufacturers, distributors, and retailers understand and maintain compliance with respect to hazardous materials in their consumer products and public spaces to avoid getting caught in the crosshairs of these imperfect and highly arcane laws including all aspects of California’s Proposition 65.
Tellus is also providing compliance advice in relation to the plethora of new laws governing per- and polyfluoroalkyl substances (PFAS), in textiles, particularly those laws impacting sales of clothing in California and New York. These laws are complex and may have “citizen enforcement” provisions that can result in significant costs and even litigation. Obtaining appropriate verification and certification from your upstream suppliers is a vital step to ameliorating legal liability under these laws.
Tellus brings strong technical expertise (including academic degrees in chemistry and biochemistry) to these matters, which results in stronger negotiating positions.
Our practice includes:
Compliance counseling, including under the “Clear & Reasonable Warnings” requirement of Proposition 65
Advice and response planning upon receipt of a 60-day Notice of Intent to Sue pursuant to Proposition 65
Pre-litigation settlement efforts and strategy
Proposition 65 litigation
Proposition 65 settlements (both in and out of court) of enforcement actions brought against manufactures, distributers, and retailers
Supplier/manufacturer certification and indemnification agreements
Representative Matters
Tellus attorney Kristin Larson has represented dozens of clients receiving 60-day Proposition 65 enforcement notices and maintains up-to-date information on enforcement trends and regulatory amendments. She is aggressive in her defense and settlement of these matters.
Tellus attorney Kristin Larson counseled a nationally known apparel company concerning readiness and compliance requirements with PFAS content rules for textiles including drafting upstream supplier certifications in accordance with such laws.