Regulatory Compliance

Conkle, Kremer & Engel has years of experience counseling clients about strategies for compliance with various regulations including California’s Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986), the California Organic Products Act (COPA), the California Air Resources Board’s Consumer Products Regulations, the California Transparency in Supply Chains Act, the California Safe Cosmetics Act, the California Department of Toxic Substances Control’s Safer Consumer Products Regulations, the California Consumer Legal Remedies Act (CLRA),  the Federal Fair Packaging and Label Act (FPLA), and the Federal Food, Drug and Cosmetic Act, among others.  We respond to agency and private party warning letters, notices of violations and demand letters, and work with complaining parties to resolve issues without litigation.  Should litigation be initiated, our expertise in regulatory compliance matters allows us to develop tailored and efficient defenses based on the individual facts of the clients’ case and resolve matters as cost-effectively as possible.

Representative Conkle, Kremer & Engel Regulatory Compliance Matters:

• Obtained indemnification from the manufacturer of goods on behalf of our supplier client, in a Proposition 65 action against our client involving alleged exposure to the regulated chemical DEHP, di(2-ethylhexyl) phthalate, in plastic bags.
• In a Proposition 65 action against our client involving alleged exposure to the regulated chemical titanium dioxide (airborne, unbound particles of respirable size), we obtained a withdrawal of the notice of violation by the private enforcer on behalf of our client, a manufacturer of nail products.
• Worked with California Air Resources Board (“CARB”) to resolve issues arising when manufacturer’s products that were not compliant with California regulations for volatile organic compounds were being offered for sale in California.  We established that sales were made without manufacturer’s permission and manufacturer was absolved of responsibility, then actively assisted CARB in taking action against importers of non-compliant products for the imposition of substantial fines.

Conkle, Kremer & Engel Updates on Regulatory Compliance Issues:

• Five Additions to Prop 65 List of Regulated Chemicals
• A Proposition 65 Reform Bill Becomes Law: California Health & Safety Code 25249.7 Amended by AB 227
• California Green Chemistry Initiative:  Are You Manufacturing or Selling a “Priority Product”?
• California Green Chemistry Initiative: Does Your Product Contain a “Candidate Chemical” that Could Become a “Chemical of Concern”?
• 2012: A Bountiful Year for Prop 65 Plaintiffs and their Lawyers
• Proposition 65 Bounty Hunters Target Titanium Dioxide in Personal Care Products
• Lead in Baby Food? Failure to Warn Leads to Unusual Prop 65 Trial
• Starting a Fire: “Tris” Listing Increases Risks of Prop 65 Claims
• Prop. 65 Reform — Is a Safe Harbor from Bounty Hunters on the Horizon?