Virginia (202) 466-6937

Proposition 65 & California Practice

Emord & Associates, P.C. represents clients in state law actions under California laws and regulations that regularly affect merchants operating within California.  The firm has extensive experience litigating claims under those California statutes, including consumer protection laws like the Unfair Competition Law (the “UCL,” Cal. Bus. & Prof. Code §§ 17200 et seq.), the False Advertising Law (“FAL,” Cal. Bus. & Prof. Code §§ 17500 et seq.), the Consumer Legal Remedies Act (“CLRA,” Cal. Civ. Code §§ 1750 et seq.), and California’s Proposition 65 (Cal. Health & Safety Code §§ 25249.5 et seq.).

California is one of the most hostile jurisdictions in the United States for merchants, largely because of broad state laws that create predatory litigation opportunities.  Those laws, commonly known as “bounty hunter” statutes, incentivize private litigation through plaintiff-friendly provisions.  The California UCL allows private California consumers to bring suit against businesses for nearly any violation of law (state or federal), and often permits plaintiff attorneys to recover attorney fees.  The CLRA facilitates broad consumer class actions which can impose existential threats on small- to mid-sized businesses.  California’s Proposition 65 imposes labeling and compliance requirements on most businesses selling product in California, including sales through distributors or wholesalers.  The law requires businesses to identify the presence of chemicals known to the State of California to cause cancers or reproductive harm.  The list of applicable chemicals is vast.  The statutory warning requirements are triggered at very low thresholds.  Penalties for non-compliance are steep, and may cost businesses substantial sums in litigation.

These risks are heightened for FDA-regulated businesses and products, which are frequently targeted by California plaintiffs for various reasons.  Businesses can counter those risks with compliance measures imposed in advance of threatened litigation, along with aggressive defensive measures when confronted with legal threats.  Our firm can help business protect against future litigation.  Emord & Associates has a well-established history of success in defending businesses and individuals in California state matters, including lawsuits pursued in both state and federal court.  Emord has successfully defended against UCL, FAL, CLRA, and Prop 65 claims, including complex class actions.  The firm brings to bear its extensive knowledge and experience within the regulated industry, and can therefore fashion aggressive positions when defending this type of litigation.

Whether evaluating a concept, performing regulatory due diligence, maintaining or prosecuting regulatory filings, or contesting adverse litigation, Emord & Associates provides exceptional counsel for all your litigation and regulatory needs.

Virginia (Firm HQ)

11808 Wolf Run Lane
Clifton, VA 20124
Telephone: (202) 466-6937
Telecopier: (202) 466-6938