Proposition 65

Stradling is closely tracking the fast evolving laws related to supply chain sustainability and consumer disclosures. The best known example in this legal framework is California’s Safe Drinking Water and Toxic Enforcement Act, more widely known as Proposition 65, which imposes onerous end-product labeling obligations and steep penalties for non-compliance.

Chemical components found in a full range of goods and products, from aircraft frames to french-fries are increasingly regulated by individual states, the federal government, and in several foreign jurisdictions. It is now considered a best practice for manufacturers, converters and distributors to be aware of restricted and declarable substances in their products in order to avoid business continuity risks and penalties posed by these rapidly evolving regulations, which include:

• Proposition 65
• The Federal Toxic Substances Control Act (TSCA)
• The EU’s Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation and the EU’s Restriction of Hazardous Substances (RoHS) Directive

Stradling attorneys have litigated, settled and reversed Proposition 65 claims on behalf of our clients. We also routinely assist our clients in strengthening liability protections with respect to these chemical substance disclosure laws by drafting agreements and certifications that shift compliance and disclosure obligations up or down the supply chain, and by evaluating vulnerabilities throughout the process, from raw materials to the end consumer.