California’s Proposition 65
California’s Proposition 65: Current Requirements and Key Changes Under Recently Adopted Amendments to Go into Effect in 2018
Jay W. Connolly, Partner, Seyfarth Shaw LLP
Joseph Orzano, Senior Associate, Seyfarth Shaw LLP
California’s Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses with 10 or more employees to give “clear and reasonable” warnings to California consumers before knowingly and intentionally exposing them to known carcinogens or reproductive toxins. On August 30, 2016, the California Office of Administrative Law approved the adoption of new regulations for clear and reasonable warnings under Proposition 65. Products manufactured on or after August 30, 2018 will need to comply with the new regulations—as will certain California business operations—unless the business provides a warning for an exposure in compliance with a court-ordered settlement or final judgment to which it was a party. This webinar will provide background on current Proposition 65 requirements and explain key changes under the new regulations impacting businesses selling products into, or operating in, the State of California, as well as strategies for achieving compliance in advance of the 2018 deadline.
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Mr. Connolly is a partner with the law firm Seyfarth Shaw LLP and leads the Firm’s Product Liability & Complex Tort Practice Group. He has a national practice that focuses on complex tort and product liability litigation and complex business and commercial litigation, including consumer fraud class actions. He has over a decade of experience representing dozens of manufacturers, distributers, retailers and restaurants, in responding to Proposition 65 Notices of Violation and defending ensuing litigation involving a wide scope of products and chemicals, as well as counseling clients regarding Proposition 65 compliance. Mr. Connolly earned his J.D. from Boalt Hall, University of California, Berkeley in 1984 and a B.S., with honors, from the University of San Francisco in 1981. Mr. Connolly is licensed to practice law in the State of California.
Mr. Orzano is a Senior Associate with the law firm Seyfarth Shaw LLP. He focuses his practice on complex commercial litigation, with a particular emphasis on consumer fraud class actions arising out of product labeling and related advertising claims. Mr. Orzano also regularly counsels clients on product labeling and warning requirements to help them avoid litigation and achieve compliance. Mr. Orzano has in-depth knowledge of California consumer protection statutes, FDA and USDA food-labeling requirements, and the warning requirements of California’s Proposition 65. Mr. Orzano earned his J.D., with honors, from The George Washington University School of Law in 2006 and a B.A..from Georgetown University in 1997. He is licensed to practice law in the State of California.