Proposition 65

Our San Jose, California attorneys at Gates Eisenhart Dawson provide effective and efficient advocacy in assisting clients with compliance and litigation under The Safe Drinking Water and Toxic Enforcement Act of 1986, known as Proposition 65. We work closely with our clients to comply with Proposition 65 to avoid a lawsuit. Based in Silicon Valley, our Proposition 65 practice extends throughout California.

Our attorneys also have extensive experience handling these matters in the trial and appellate courts to aggressively advocate on our client’s behalf. One of our attorneys, Joshua Borger, started his career representing plaintiffs in such actions. He has transitioned his experience to representing only defendants in such matters. His prior experience provides him with invaluable knowledge to litigate these cases for his clients.

Proposition 65 provides that no person shall “knowingly and intentionally” expose another to a chemical known to the State of California to cause cancer or reproductive toxicity without first providing a clear and reasonable warning. Businesses in California are often the target of demand letters and litigation aimed at the failure to include a warning sign on or with a product. The failure to include this warning can lead to the payment of exorbitant penalties to “bounty hunter” law firms that have turned this statute into their business model.

Representative Cases

Represented the plaintiff in a lawsuit against the manufacturer of mercury-containing dental amalgam, alleging that the manufacturer failed to provide clear and reasonable warnings for the amalgam under Proposition 65. This case was handled by one of our attorneys when he was in a prior position.

Successfully represented various tool manufacturers against claims, including lawsuits, for alleged violations of Proposition 65.

For more information about our Proposition 65 practice, we welcome you to contact GED.