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Proposition 65

Over the past 25 years, Proposition 65 litigation has become a real threat to businesses providing goods and services in California. The potential costs faced by corporate defendants are high – massive civil penalties, mandatory warnings on their products and damage to a company’s brand. Many law firms are able to process Proposition 65 cases, very few can try them and win. Goodwin Procter has quickly become preeminent among those few firms, in addition to counseling clients concerning Proposition 65 exposure, risk management and litigation prevention.

Our experience includes winning one of the highest profile Proposition 65 cases to date – the California Attorney General’s attempt to require mercury warnings on canned tuna. After a two-month trial and an appeal, the court ruled in favor of our clients. We have also represented several national restaurant companies in Proposition 65 litigation involving claimed carcinogens in cooked foods.

In defending complex Proposition 65 cases, our attorneys bring exceptional capabilities in toxicology, epidemiology and risk assessment. Goodwin Procter has established a network of leading scientific and academic experts with Proposition 65-specific knowledge and expertise. Combining this in-depth knowledge with practical experience in products liability and commercial litigation, we provide a unique advantage when defending our clients.