Los Angeles Environmental Litigation Lawyer

What Is Proposition 65?

California voters approved the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, in 1986. The law is codified at Cal. Health & Safety Code § 25249.5 et seq. Proposition 65 is a “right to know” law that requires California to publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm. The list, available at https://oehha.ca.gov/prop65/prop65_list/Newlist.html, now includes more than 800 chemicals. Under Proposition 65, businesses must provide clear and reasonable warnings before exposing anyone in California to a listed chemical. Businesses can comply in several ways, including placing warning labels on product packaging, posting warning signs at stores or facilities, or publishing warning notices in newspapers. Businesses with fewer than 10 employees are exempt from Proposition 65. The California Attorney General’s Office, https://oag.ca.gov/prop65, enforces the law along with district attorneys and city attorneys in cities with populations over 750,000. Private citizens and law firms may also enforce Proposition 65 by serving a 60-day notice of violation.

Penalties for Proposition 65 Violations

Violators of Proposition 65 may be required to provide proper warnings or reformulate their products. They may also face significant civil penalties. These penalties can reach $2,500 per violation per day for failing to provide the required notices. In many cases, the penalties apply retroactively for up to one year (365 days) from the date of a 60-day notice of violation. Violators may also be responsible for paying attorney’s fees. When a private party successfully enforces Proposition 65, 75% of the civil penalties must be paid to the State of California, and the remaining 25% is retained by the private enforcer.

How Our Los Angeles Environmental Litigation Lawyers Can Help

The attorneys at Custodio & Dubey LLP have extensive experience litigating Proposition 65 cases. Our team works closely with toxicologists and accredited laboratories to test products for potential violations. We prepare and serve the required 60-day notices of violation and, when necessary, file lawsuits and litigate cases through resolution. If you believe a company has failed to comply with Proposition 65, contact a Los Angeles environmental litigation lawyer at Custodio & Dubey LLP today.

Court Approves Proposition 65 Settlement For Anheuser-Busch, LLC

Los Angeles County Superior Court Judge Mel Red Recana granted Plaintiffs’ Motion to Approve a Consent Judgment on Friday, May 30, 2014, Case #BC537188. The Consent Judgment is between 4 California Plaintiffs, represented by, Custodio & Dubey LLP, and a group of Defendants made up of several of the largest alcohol manufacturing companies in the world, including: Anheuser-Busch, LLC; Bacardi U.S.A., Inc.; Heineken USA Incorporated; Beam Inc.; Millercoors LLC; Nolet Spirits U.S.A.; Pabst Brewing Company; and Pernod Ricard USA, LLC.

“We are very pleased that Judge Recana approved the Consent Judgment and found that its terms are in the public interest of the people of California. This ruling helps strengthen the nation’s most effective consumer protection law, Proposition 65.”

Vineet Dubey
Partner, Custodio & Dubey LLP
Read The Press Release Here

Custodio Dubey LLP Featured In Newsy, Bloomberg Law Popular Mechanics

VA new report released yesterday by the House of Representatives Economic and Consumer Policy Committee shows many baby food brands failed testing for high levels of toxic heavy metals in their food.

Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, a California law enacted in 1986, fundamentally has changed consumer safety for the better, argues Vineet Dubey, a plaintiff attorney in Los Angeles and co-founder of Custodio & Dubey. He says it has helped protect all Americans from a plethora of harmful substances in consumer products but more needs to be done.

Read the full article on Bloomberg Law

A Los Angeles environmental attorney has filed a lawsuit against Trader Joe’s in California.  The lawsuit alleges that several products contain high levels of lead.

Attorney Vineet Dubey of Custodio & Dubey represents the plaintiffs in the case.  He told Popular Mechanics that five products showed the highest lead levels based on laboratory testing.  However, he noted that those were not the only products that contained lead.

Read the full article on Popular Mechanics